Patna High CourtCWJC/1331/2016disposed

Gayatri Sinha v. The State Of Bihar And ORS

2018-02-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1331 of 2016 ======================================================

1. Gayatri Sinha W/o Dr. Kuldip Singh R/o Mohalla- Bhagawat Nagar, Kumharar, P.s- Agamkuan, District Patna-26 .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Education , Bihar ,Patna.

3. The Director, Higher Secondary Education ,Bihar,Patna.

4. The Special Secretary, Higher Education , Bihar,Patna.

5. The Principal , Government Womens College, Gulgjarbag, Patna.

6. The District Provident Fund Officer, Patna.

7. The Treasury Officer, Patna City, Patna .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dr. Raj Kumar Singh, Adv. For the Respondents : Mr. Saroj Kumar, AC to GP VIII ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

In the counter affidavit filed on behalf of respondents 1 to 4 specific stand has been taken in paragraphs 8 and 9, which read as follows :

"8 : That it is stated that Sub Rule 2 of Rule 7 of the ACP Rules, 2003, as amended till date, stipulated that the meeting of the Screening Committee will be held twice in a financial year, if possible, in the first week of the month of January and July to consider the grant of ACP to the ministerial employees of different institutions mentioned in the notification which include the present college.

9 : That it is stated that the case of the petitioner for grant of ACP will be considered in the next meeting

Patna High Court CWJC No.1331 of 2016 (2) dt.19-02-2018 2/2 of the said Screening Committee."

In view of the averments made in paragraphs 8 and 9 of the counter affidavit, the writ application is disposed of with a direction to the respondent-authorities to take final decision with regard to the entitlement of the petitioner for grant of ACP and MACP within a maximum period of three months, from the date of receipt/production of a copy of this order. While deciding the claim of the petitioner, the respondents are required to consider the averments that the juniors to the petitioner have been granted such benefit, but, the petitioner has been discriminated.

(Anil Kumar Upadhyay, J) SA/- U