Dhirendra Kumar Verma, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4557 of 2021 ====================================================== Dhirendra Kumar Verma, Son of Late Satyadeo Prasad Verma, Resident of Village-Tikulia, Ward No. 13, P.O. Tikulia, P.s. Chanpatia, West Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Department of Agriculture, Govt. of Bihar, Patna. 3.

The General Secretary, Department of Agriculture, Bihar, Patna. 4.

The Agriculture Production Commissioner Department of Bihar Patna. 5.

The Joint Director of Agriculture (Plant Protection), Bihar, Patna. 6.

The Deputy Director of Agriculture for (Plant Protection), Bihar, Patna. 7.

The Junior Plant Protection Bettiah West Champaran, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyank Samdarshi For the Respondent/s :

Mr. Lalit Kishore (AG) Mr. Raghwanand (GA-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 15-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the State accepts notice for the respondents.

Learned counsel for the petitioner is hereby directed to serve copy of the petition to learned counsel for the

2/4 respondents, if it is not already served.

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

For issuance of writ/writs in nature of mandamus commanding/directing the official respondent to execution of the official order no. 104/1325/Kri, Patna dated 14.12.2012 issued by respondent no.5, Joint Director Agriculture (Plant Protection) Bihar Patna in which petitioner in Serial No. 8 as per the seniority list whereby and where under the official order stated that ACP and MACP have to be implemented which was due from the letter no. 164 dated 04.02.2011 letter no. 1033 dated 19.10.11, letter no. 738 dated 07.07.12 letter no. 802 dated 23.07.12 and letter no. 803 dated 23.07.12 in concerned of that the following incumbent has to be get the

3/4 ACP and MACP in which the petitioner status in Sl. No. 8 (Annexure P-1) and further to pay the due of earned leave from the period of 29.09.11 to 30.10.11 as the petitioner rendered his service as field operator Bettiah, West Champaran in department of Agriculture (plant protection) Bihar, Patna but uptill now no payment has been paid in this regard to the petitioner inspire of several representation.

The aforesaid relief is supported by representations dated 16.11.2017 vide Annexure P-3 and Annexure P-4. The concerned respondent is hereby directed to examine the petitioner's service particulars read with ACP and MACP scheme/rules. If the petitioner fulfills the criteria laid down in the aforesaid scheme/rules read with service particulars of the petitioner, petitioner shall be extended ACP and MACP benefit alongwith monetary benefits including interest at the rate of 6 % per annum. Interest is restricted to three years prior to filing of the present petition and till payment is made. If the petitioner is

4/4 not entitled, in that event, a necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of four months from the date of receipt of this order.

With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2022 Transmission Date NA