Shivajee Jha v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4494 of 2021 ====================================================== Shivajee Jha Son of Late Jugeshwar Jha Resident of Mohalla and P.O. - Lakshmisagar, Near Gyan Bharti Public School, P.S.- L.N.Mu.U., District - Darbhanga. (Bihar).

... ... Petitioner/s

Versus

1.

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

2.

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

The Superintendent, Darbhanga Medical College and Hospital (D.M.C.H.), Laheriasarai, Darbhanga.

4.

The Treasury Officer, Darbhanga.

5.

The Accountant General, (Patna) Bihar.

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

For the Petitioner/s :

Mr. Pramod Mishra For the Respondent/s :

Mr. Mujtabaul Haque, GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the respondents.

3. Counsel for the petitioner is hereby directed to furnish hard copy of the writ petition to counsel for the State/respondents.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That the petitioner prays for issuance of appropriate writ/writs, directing the concerned Respondents to grant the benefits of A.C.P. to the Petitioner who had served as Cashier in D.M.C.H, Laheriasarai, Darbhanga and retired from the same

Patna High Court CWJC No.4494 of 2021 dt.01-02-2022 2/2 post on 31.01.2002, for which he is legally entitled to, And/Or for any other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances of the case."

5. In support of aforesaid relief, the petitioner submitted representations on 18.12.2019 and 12.07.2020 vide Annexures 3 and 3/1. The concerned respondent is hereby directed to decide as to whether petitioner is entitled to A.C.P. benefits with reference to service particulars read with the A.C.P. Scheme. If the petitioner is entitled, in that event, monetary benefits shall be calculated and disbursed within a period of three months from the date of receipt of this order. If the petitioner is not entitled, in that event, speaking order shall be passed and communicated to the petitioner.

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