Jay Prakash Narayan Pandey vs The State Of Bihar
2022 Latest Caselaw 1174 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8855 of 2021
     ======================================================

Jay Prakash Narayan Pandey S/o- Late Chandranand Pandey Resident of Village- Dholbajja, P.S. Forbesganj, District- Araria.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Finance, Govt. of Bihar, Patna.

2. The Secretary (Expenditure) Department of Finance, Govt. of Bihar, Patna.

3. The District Magistrate, Araria.

4. The Treasury Officer, Araria.

5. The Treasury Officer, Forbesganj.

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Respondent/s : Mr. Raghwendra Kumar, SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-02-2022

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 application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions to the respondents to particularly a writ in the nature of mandamus directing and commanding the respondents to pay accrued due arose due to grant of benefits of A.C.P. and revised L.P.C. for which petitioner is entitled in the facts and circumstances of the case who has retired from the post of Patna High Court CWJC No.8855 of 2021 dt.15-02-2022

Treasury Clerk from Treasury Office, Forbisganj, District Araria on 31.08.2011.

And further for any appropriate relief/reliefs for which petitioner is entitled in the facts and circumstances of the case."

4. In support of aforesaid relief, petitioner is relying on

representations dated 06.08.2020 and 05.10.2020. He has not

submitted representation to the second respondent, therefore, he is

hereby directed to furnish a detailed representation within a period

of two weeks from today to the second respondent so as to

examine whether petitioner is entitled to A.C.P. and revised L.P.C.

If petitioner is entitled, his service particulars shall be examined

with reference to A.C.P. Rules/Scheme and monetary benefits shall

be extended along with interest @ of 6 % per annum. If the

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

shall be passed and communicated to the petitioner as to why the

petitioner is not entitled.

5. The above exercise shall be completed within a period

of three months from the date of receipt of this order.

6. Accordingly, writ petition stands disposed off.

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

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