Patna High Court
Paras Nath Prasad vs The State Of Bihar on 4 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5852 of 2021
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1. Paras Nath Prasad, Son of Late Dharamdeo Prasad, Resident of Mohalla -
112 Near Hero Honda Agency, Adarsh Nagar, Samastipur, P.O. , P.S. and
District - Samastipur.
2. Zeyaul Hasan, Son of Late Zafar Hasan, resident of Village - Chak Abdul
Ghani, P.O. - Shambhu Patti, P.S. and District - Samastipur.
3. Manoj Kumar, Son of Late Braj Kishore Prasad, Resident of Village -
Rahamganj, P.O.- Lalbag, P.S. Laheriasarai, District - Darbhanga.
4. Rajeshwar Prasad, Son of Late Jivas Lal Dev, Resident of village - Jafra,
P.O. - Sonki, P.S. and District - Darbhanga.
5. Nawal Kishore Kunwar, Son of Late Balram Kunwar, Resident of Village -
Musapur, P.O., P.S. and District - Samastipur.
6. Shiv Narayan Yadav, Son of Late Sukhdev Yadav, Resident of Village -
Dudhpura, P.O. - Magurgarh, P.S. - Hasanpur, District - Samastipur.
7. Mahendra Paswan, Son of Late Lakhan Paswan, Resident of Mohalla -
Ambedkar Nagar, ward no. 22, P.O., P.S. and District - Samastipur.
8. Md. Naimuddin, Son of Late Mahabub Ali, Resident of Village - Asgaon,
P.O.- Milkichak, P.S. Bahadurpur, District - Darbhanga.
9. Ramautar Singh, Son of Late Ram Uchit Singh, Resident of Mohalla - 88 K,
Barah Pathar, Ward No. 15, P.O., P.S. and District - Samastipur.
10. Dinesh Rajak, Son of Late Dashai Rajak, Resident of Village - Sihma Kanth,
P.O. Manganpur, P.S.- Pateri Belsar, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna.
3. The Principal Secretary, Rural Development Department, Government of
Bihar, Patna.
4. The Principal Secretary, Panchayat Raj Department, Government of Bihar,
Patna.
5. Director, Panchayati Raj, Government of Bihar, Patna.
6. Dy. Director cum Dy. Secretary, Panchayati Raj Department, Bihar, Patna.
7. Deputy Development Commissioner cum Chief Executive Officer, Zila
Parishad, Samastipur.
8. Chairman, Zila Parishad, Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pravin Chandra Prasad, Advocate
For the Respondent/s : Mr. Ajay, GA-5
Mr. Pramod Kumar Singh, Advocate
Patna High Court CWJC No.5852 of 2021 dt.04-02-2022
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-02-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
2. State counsel accepts notice for respondents
3. Unnecessarily, the petitioners have impleaded State
respondent nos. 1 to 6, as necessary and proper parties whereas the
petitioners' grievance is required to be redressed by respondent
nos. 7 and 8. Therefore, the counsel for the petitioners is hereby
directed to delete respondent nos. 1 to 6 within a period of two
weeks' from today.
4. The concerned respondent either respondent no.7 or
respondent no.8 is hereby directed to examine the petitioners'
representations dated 26.11.2020, 21.12.2020 and 04.01.2021
(Annexure-6 Series) and proceed to pass speaking order as to
whether the petitioners are entitled to A.C.P. benefit and
consequential benefits in the light of their service particulars,
scheme of Rules and its applicability to the Zila Parishad,
Samastipur.
5. If the petitioners are entitled for A.C.P., necessary
order shall be passed and monetary benefits shall be disbursed in
favour of the petitioners within a period of two months from the
date of receipt of a copy of this order. If they are not entitled, in
Patna High Court CWJC No.5852 of 2021 dt.04-02-2022
that event necessary speaking order shall be passed and
communicate the same to each of the petitioner.
6. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2022
Transmission Date NA
