Geeta Srivastava vs The State Of Bihar
2022 Latest Caselaw 401 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8008 of 2021
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Geeta Srivastava W/o Late Jai Prakash Narayan @ Jai Prakash Srivastava @ Late Jai Prakash Narayan Srivastava Resident of village- B2, Satyam Enclave, Judges Colony, East Saguna Khagaul, Patna, Bihar-801503

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Planning and Development, Govt. of Bihar, Old Secretariat, P.o.- Sachivalay, Patna

2. The Principal Secretary, Department Finance, Govt. of Bihar, Old Secretariat, P.o.- Sachivalay, Patna

3. The Director, Directorate of Economics and Statistics, Planning and Development Department, Old Secretariat, Patna, Bihar

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

For the Petitioner/s : Mr.Dhananjay Kumar For the Respondent/s : Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19

pandemic.

2. In the instant petition, petitioner has prayed for

following reliefs:

"a.) To issue an appropriate writ in the nature of mandamus commanding the respondents to grant modified ACP scale in the scale of Account officer from the due date to husband of the petitioner.

b.) To issue an appropriate writ in the nature of mandamus commanding the respondents to grant all consequential benefits including salary arrears from the due date.

Patna High Court CWJC No.8008 of 2021 dt.13-01-2022

c.) To issue an appropriate writ in the nature of mandamus commanding the respondents to grant all consequential benefits to the petitioner (wife of deceased) in terms of pension fixation (including pension arrear), Gratuity fixation, leave salary fixation and difference amount be paid to the petitioner.

c.) Pass any other or further order as this Hon'ble Court may deem fit and proper in the interest of justice."

3. Short question for consideration in the present

petition is whether petitioner's husband (deceased) is entitled to

modified ACP scale in the scale of Account Officer. In this

regard, representation (Annexure-5) stated to be pending

consideration before the concerned respondent.

4. Therefore, the concerned respondent is hereby

directed to pass speaking order as to whether petitioner's late

husband is entitled to modified ACP in the scale of Account

Officer or not? If he is entitled, in that event calculation shall be

made and arrears shall be disbursed to the petitioner including

revision of pay read with consequential benefits, like arrears and

family pension, if any. The same shall be extended to the

petitioner along with interest @ 8% per annum. The above

exercise shall be completed within a period of three months

from the date of receipt of this order. If the petitioner's late

husband is not entitled for the modified ACP, in that event detail Patna High Court CWJC No.8008 of 2021 dt.13-01-2022

speaking order shall be passed and communicated to the

petitioner.

5. With the aforesaid observations, the instant

petition stands disposed of.

(P. B. Bajanthri, J) rakhi/-

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