Ram Lakhan Ram vs The State Of Bihar
2022 Latest Caselaw 1043 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7012 of 2021
     ======================================================

Ram Lakhan Ram Son of Late Ramdhan Ram Resident of Village Ghatikan Tola (Shahpur), Police Station Sheosagar, District Rohtas at Sasaram.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of General Administration, Government of Bihar, Patna.

2. The District Magistrate Cum Chairman, District Screening Committee, Rohtas at Sasaram.

3. The Deputy Collector (Nazarat), District-Collectoriate, Rohtas at Saaram

4. The Deputy Collector, District General Cell, Rohtas at Saaram

5. The Block Development Officer, Akorhi Gola, District-Rohtas at Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Respondent/s : Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondent Nos. 1 to

5.

3. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That this is an application for issuance of an appropriate writ(s), order(s) or direction (s) for quashing of the part of the decision communicated dated 31.12.2020 is respect of the petitioner a group D- Employee of Respondent No. 3 by which the first Patna High Court CWJC No.7012 of 2021 dt.09-02-2022

M.A.C.P. (hereinafter referred as M.A.C.P.) benefit has been kept in abeyance since 16.03.2010 due to breakage in service and further direct the respondents to pay the arrears after considering the case of the petitioner."

4. In support of the aforesaid relief petitioner submitted

representation on 06.09.2019. The concerned authority has not

taken decision in either accepting or rejecting the petitioner's

claim for extending benefit of 1st M.A.C.P. Therefore, the

concerned respondent is hereby directed to verify the service

particulars of the petitioner read with the Schemes/Rules of the

M.A.C.P. (Criteria). If the petitioner fulfills the requisite criteria, in

that event, M.A.C.P. shall be granted to the petitioner along with

monetary benefits including interest @ of 8 % per annum. If the

petitioner is not entitled, in that event, necessary speaking order

shall be passed as to why the petitioner is not entitled to 1 st

M.A.C.P. The above exercise shall be completed within a period of

three months from the date of receipt of this order.

5. Accordingly, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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