Sushma Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5006 of 2021 ====================================================== Sushma Rani Wife of Sri Clarence Cherobin Resident of 1/29, New Patliputra Colony, Police Station- Patliputra, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Government of Bihar, Patna 2.

The Principal Secretary Department of Health, Government of Bihar, Patna 3.

The Chief Medical Officer, Bihar State Blood Bank, PMCH, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Karna For the Respondent/s :

Mr. Birju Prasad, GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 02-02-2022 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 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 monetary benefits of 3rd M.A.C.P along with arrear of salary as well as the revised arrear of pension, gratuity etc. as the benefits of 3rd MACP has been granted to the Petitioner w.e.f. 2014 and the Petitioner further prays for a direction to the Respondent authority to pay the retiral benefits of GIC amount to her from the year 1984 to 1996 along with statutory interest."

Patna High Court CWJC No.5006 of 2021 dt.02-02-2022 2/2

5. Short question for consideration in the present petition is whether petitioner is entitled to 3rd M.A.C.P. and consequential benefits or not? In this regard, petitioner submitted representations on 02.05.2019 and 10.08.2018 vide Annexures 2 and 3 respectively. There is inaction on the part of concerned respondent in either accepting or rejecting petitioner's claim, therefore, the concerned respondent is hereby directed to take note of petitioner's service particulars, representations and criteria laid down in M.A.C.P. Scheme/Rules.

If the petitioner is entitled, in that event, the same shall be extended and further consequential monetary benefits be also calculated and disbursed within a period of three months from the date of receipt of this order along with interest @ 8 % per annum in the light of Apex Court decision in the case of Vijay L. Mehrotra Vs. State of Uttar Pradesh and others reported in 2001 9 SCC 687. If the petitioner is otherwise not eligible, in that event, detailed speaking order shall be passed and communicated to the petitioner as to why petitioner is not entitled to 3rd M.A.C.P.

With the above observation, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date