Indra Deo Prasad vs The State Of Bihar Through Addl. ...
2022 Latest Caselaw 672 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2241 of 2021
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Indra Deo Prasad Son of Late Ganga Bhagat, Resident of Village - Shekhpura, Ward No. 15 of Lal Bagh, P.O. and P.S. and District- Shekhpura.

... ... 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 : Ms. Archana Meenakshee, GP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the Respondents.

3. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That this writ application is being filed for issuance of writ in the nature of mandamus for direction to respondents for considering the application dated 17.07.2020, 14.08.2020 and 14.08.2020 filed by the petitioner for considering for grant of ACP to the petitioner and further direction to consider the case of the petitioner for grant of 1st Patna High Court CWJC No.2241 of 2021 dt.27-01-2022

and 2nd ACP in pursuance of the Government Circular dated 16.01.2014 and further issued direction to the respondents pay the 1st and 2nd ACP to the petitioner along with 11 % interest to till date of full and final payment to the petitioner and further give other legal consequential benefits attach to the post."

4. Short question for consideration is whether petitioner is

entitled to 1st and 2nd A.C.P. read with Government Circular dated

16.01.2014 or not with reference to representation dated 17.07.2020,

14.08.2020 and 14.08.2020.

5. The concerned respondent is hereby directed to take

note of petitioner's representations read with the Circular dated

16.01.2014 and so also relevant Scheme/Rules governing grant of

A.C.P.

6. The above exercise shall be completed within a period

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

is otherwise eligible, the same shall be extended along with monetary

benefits. If the petitioner is otherwise not eligible, detailed speaking

order shall be passed and communicated to the petitioner.

7. With the above observations, writ petition stands

disposed off.

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

AFR/NAFR
CAV DATE
Uploading Date          29.01.2022
Transmission Date