Patna High Court
Khushi Lal Yadav vs The State Of Bihar on 16 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9046 of 2021
======================================================
Khushi Lal Yadav son of Late Bachcha Yadav @ Bacha Yadav resident of
village- Barahat, P.O- Kusmar, P.S.- Phulparas, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Bihar, Patna.
2. The District Magistrate, Madhubani.
3. The Deputy Development Commissioner, Madhubani.
4. The District Provident Officer, Madhubani.
5. The District Treasury Officer, Madhubani.
6. The Sub Divisional Officer, Phulparas, District- Madhubani.
7. The Block Development Officer, Block- Khutauna, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav
For the Respondent/s : Mr. Lalit Kishore (AG)
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 16-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
Learned counsel for the State accepts notice for the
respondents.
Learned counsel for the petitioner is hereby
directed to serve copy of the petitioner to learned counsel for the
respondents, if it is not already served.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
Patna High Court CWJC No.9046 of 2021 dt.16-02-2022
"(i) For issuance of an
appropriate order, direction or writ in
the nature of mandamus commanding
the respondents to make payment of
benefit of ACP along with statute and
penal interest to petitioner from due
date till the date of payment.
(ii) For any other relief or reliefs for
which petitioner may be found entitled
in the facts and circumstances of the
case."
Short question for consideration is whether
petitioner is entitled to ACP benefit alongwith the monetary and
interest or not? The petitioner is stated to have submitted
applications from 03.10.2018 and there is protracted
correspondence among the department officials. Petitioner is
relying on earlier decision of this Court passed in CWJC No.
9936 of 2012 decided on 05.04.2013.
In the light of these facts and circumstances, the
concerned respondent is hereby directed to examine the
petitioner's grievance as to whether he is entitled to ACP benefit
alongwith monetary and interest, with reference to service
Patna High Court CWJC No.9046 of 2021 dt.16-02-2022
particulars of the petitioner read with the relevant ACP rules or
not. If the petitioner is entitled, in that event, necessary order
shall be passed, it is made clear that petitioner is entitled to
interest three years prior to filing of the present petition till
payment it made. If the petitioner is otherwise not entitled, in
that event, a necessary speaking order shall be passed as to why
the petitioner is not entitled. The above exercise shall be
completed within a period of four months from the date of
receipt of this order.
With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.02.2022
Transmission Date NA
