Citation : 2022 Latest Caselaw 458 Patna
Judgement Date : 17 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.863 of 2021
======================================================
Most. Lalti Devi Wife of late Damodar Prasad Tarun Resident of Village - Bishunpur, P.O. - Att. P.S. - Ben, District - Nalanda.
... ... Petitioner/s Versus
1. The State of Bihar through Addl. Chief Secretary, Panchayat Raj Department, government of Bihar Patna.
2. The Addl. Chief Secretary, Panchayat Raj Department, Government of Bihar Patna.
3. The Addl. Chief Secretary, Finance Department, Government of Bihar, Patna.
4. The Director, Panchayat Raj Department, Government of Bihar, Patna.
5. The District Magistrate, Nalanda,, District- Nalanda.
6. The Zila Parishad, Nalanda through its Chief Executive Officer- Cum-
District Development commissioner, Zila Parishad, Nalanda, District- Nalanda.
7. The Chief Executive Officer-cum-District Development Commissioner, Zila Parishad Nalanda, District- Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate For the Respondent/s : Mr. Sanjeet Kumar Sinha, AC to AAg-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. State counsel accept notice for respondents.
3. Petitioner's counsel furnish copy of the petition to the learned counsel for the respondents.
4. In the instant petition, petitioner has sought for following reliefs:
"1. That this writ application is being filed for issuance of writ in the nature Patna High Court CWJC No.863 of 2021 dt.17-01-2022
of mandamus for direction to respondents for considering the case of the petitioner for grant of 1st and 2nd 3rd ACP(MACP) in pursuance of the Government Circular 2010 and further issued direction to the respondents pay arear of the 1st, 2nd and 3rd ACP (MACP) to the petitioner along with 11% interest to till date of full and final payment to the petitioner and further issued direction to respondent grant the consequential benefit after considering for grant of ACP to the petitioner and further give other legal consequential benefits attach to the post."
5. Short question for consideration in the present petition is whether petitioner is entitled to 1st and 2nd ACP and 3rd MACP or not? In this regard, learned counsel for the petitioner submitted applications/representations vide Annexure- 1 to 4.
6. The concerned respondent is hereby directed to examine the service particulars of the petitioner read with application/representation and pass speaking order as to whether petitioner is entitled to 1st and 2nd ACP and 3rd MACP. If petitioner is entitled, the same shall be extended along with difference of monetary benefits within a period of three months from the date of receipt of this order. If she is not entitled, a speaking order shall be passed and communicated.
7. With the above observations, the instant petition stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
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