Yogendra Tiwari vs The State Of Bihar on 13 December, 2023
"1(I) For issuance of an appropriate writ in the
nature of mandamus for commanding and
directing the respondents authorities concerned
to provide the benefits of 1st, 2nd and 3rd
ACP/MACP for which, the petitioner is entitled
Patna High Court CWJC No.14088 of 2021(2) dt.13-12-2023
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as per the ACP/MACP Rule and to direct to
pay the arrears of differences of salary with all
consequential benefits in the light of the order
passed by this Hon'ble High Court in C.W.J.C.
No. 13984 of 2017 (Chandra Mohan Singh and
Others vs. the State of Bihar and Others) by
which, the Hon'ble High Court has observed
that period for granting the benefits of ACP
and MACP as well as the pensionary benefits,
is covered by a judgment of this Court dated
12.4.2012 passed in CWJC No. 19195 of 2011
and has ordered that the period of service
rendered by the employees in the work charge
establishment for the purposes of computing
the total period of service undergone for
granting the benefits of ACP/MACP as well as
pensionary benefits and, hence, the serviced
rendered by the petitioner in the work charge
establishment since 04.08.1988 to 31.08.2002
is required to be computed for the purposes of
grant of benefits under ACP/MACP scheme
and thus the petitioner is entitled for 1 st, 2nd and
3rd ACP/MACP which has not been given to
him even after his retirement.