Pramod Kumar vs The State Of Bihar
2022 Latest Caselaw 793 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3995 of 2021
     ======================================================

Pramod Kumar Son of Sri Ram Narayan sahi, Resident of Ward No. 37 Janakpuri Colony near St Karens School, Gola Road, Police Station-Danapur, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Old Secretary, Food and Consumer Protection Department, Old Secretariat, Government of Bihar, Patna.

2. The Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Government of Bihar, Patna.

3. The District Magistrate, East Champaran, Motihari.

4. The Sub Divisional Officer Areraj, East Champaran. Motihari.

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

For the Petitioner/s : Mr. Ravindra Kumar Singh For the Respondent/s : Mr. Arvind Ujjwal, SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. Counsel for the petitioner is hereby directed to furnish

hard copy of the writ petition to the counsel for the

State/respondents.

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

following relief/reliefs:

"That the petitioner in the instant writ application prays for a direction to the Respondent authority to grant the benefits of 2nd ACP/MACP along with consequential benefits Patna High Court CWJC No.3995 of 2021 dt.31-01-2022

as the Petitioner fulfills the eligibility criteria of 2nd ACP/MACP after completion of 24 years of his service from the date of his appointment i.e. 16.05.1989 and the Food Consumer Protection Department, Government of Bihar Patna had granted similar benefits of 2nd ACP/MACP to the similarly situated Marketing Officers and the Respondent authority had made discrimination with the Petitioner with is violative of Bihar State Litigation Policy as well as the judgment passed in case of 2008 (4) PLJR 125 and 2011 (3) PLJR 588 & ((2006) 2 SCC 747) by the Hon'ble Courts and the Petitioner further prays for a direction to the Respondent authority to revise post retiral benefits including the pension of the Petitioner after grant of benefits of 2nd MACP and to pay all the consequential benefits."

5. Learned counsel for the petitioner on instruction

submitted that during pendency of the present petition the

petitioner has been extended benefit of 2nd M.A.C.P. . However, he

has not been extended monetary benefits, therefore, the concerned

respondent is hereby directed to extend monetary benefits within a

period of three months from the date of receipt of this order,

failing which, the petitioner is entitled to litigation cost and it is

quantified @ of Rs. 25,000/-.

Accordingly, writ petition stands disposed off.

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

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