Awadh Narain Roy vs The State Of Bihar And Ors
2023 Latest Caselaw 355 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.247 of 2019
                                          In
                   Civil Writ Jurisdiction Case No.121 of 2015
     ======================================================

Awadh Narain Roy S/o Late S.N. Roy a resident of Mohalla- Ram Nagar Devi Asthan Lane, Chiraiyan Tard, Police Station Jakkanpur, District- Patna

... ... Appellant/s Versus

1. The State of Bihar

2. Principal Secretary Depart of Art, Culture (Museum) and Youth, Govt. of Bihar, Patna

3. Joint Secretary Depart of Art, Culture (Museum) and Youth, Govt. of Bihar, Patna

4. Secretary Finance Department, Govt. of Bihar, Patna

5. Accountant General Bihar, Patna

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

For the Appellant/s : Mr. Rajendra Prasad, Sr. Advocate Mr. Pramod Kumar, Advocate Mr. Ritesh Kumar, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh (AAG 13) For the AG : Mrs. Nvedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 24-01-2023 In the present Letters Patent Appeal, appellant has

assailed the order of learned Single Judge dated 08.01.2019 passed

in CWJC No. 121 of 2015.

02. Core question for consideration in the present Letters

Patent Appeal is whether appellant services rendered in the Central

Government could be counted for the purpose of extending ACP

benefit in the State of Bihar or not?

Patna High Court L.P.A No.247 of 2019 dt.24-01-2023

03. ACP Scheme is evolved by the State Government.

The appellant could not apprise this Court with reference to

Scheme of ACP how the service could be counted for the purpose

of extending ACP benefit. Unless, there is a provision to count the

service rendered in the Central Government for the purpose of

extending ACP benefit, the appellant is not entitled.

04. At this point, the appellant could not apprise this

Court that there was a provision to count service rendered in the

Central Government for the purpose of claiming ACP benefit in

the State of Bihar.

05. In the light of these facts and circumstances,

appellant has not made out a case so as to interfere with the order

of learned Single Judge dated 08.01.2019 passed in CWJC No.

121 of 2015. Accordingly, the present Letters Patent Appeal stands

dismissed.

(P. B. Bajanthri, J)

(Arun Kumar Jha, J) Vikash/-

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