Sudama Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7929 of 2018 ====================================================== Sudama Prasad Gupta, Son of Late Haridayal Prasad, resident of MohallaBibiganj Bhatta Road (Maida Toli), Danapur, Post Office- Danapur Dant, Police Station- Danapur Sadar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Animal Husbandry and Fisheries (Dairy Development), Bihar, Patna.

2. The Director, Dairy Development Directorate, Bihar, Patna.

3. The Dairy Research Officer, B.V. College, Comfed Campus, Patna.

4. The Accountant General, Bihar, Patna.

5. The Treasury Officer, Bihar, Patna.

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

For the Petitioner/s : Mr. Anil Singh For the Respondent/s : Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2018 The petitioner by way of the present writ petition seeks the following reliefs:- "(i) For granting the petitioner 3rd MACP (Modified Acquired Career Progression, hereinafter referred to as „MACP‟ in short) after calculating the service from the date of his initial appointment i.e. 14.06.1972 in Bihar State Dairy Corporation Limited which was dissolved ultimately, and the petitioner and others were taken into Government services and were absorbed.

(ii) For fixation of terminal benefits pursuant to grant of MACP from due date and further to grant consequential benefits."

Patna High Court CWJC No.7929 of 2018 (2) dt.27-04-2018 2/2 The learned counsel for the petitioner submits that the petitioner be permitted to file a fresh representation before the respondent no. 2 regarding his aforesaid grievances within a period of two weeks from today.

In such view of the matter, the petitioner is granted liberty to file a fresh representation before the respondent no. 2 within a period of two weeks from today and in case such representation is filed, the respondent no. 2 shall dispose of the same within a period of four weeks thereafter by a reasoned and speaking order considering the fact that the services rendered by the incumbents in the Corporation have to be taken into account for the purposes of grant of A.C.P. / M.A.C.P., as has been held by a learned Division Bench of this Court in its judgment dated 10.01.2018 passed in L.P.A. No. 438 of 2017.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U