Patna High CourtCWJC/9671/2016disposed

Arun Kumar Sinha v. The State Of Bihar And ORS

2017-01-19Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9671 of 2016 =========================================================== Arun Kumar Sinha S/O Sri Sita Ram Singh, resident of village-Sarkatti, BlockKashicghak, District-Nawadah; presently posted as Assistant Teacher in Middle School, jalalpur, Block-Warsaliganj, District-Nawadah. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The District Education officer, Nawadah.

3. The District Programme Officer (Establishment), Nawadah.

4. The Block Education officer, Warsaliganj, District- Nawadah. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Birju Prasad, GP-13 Mr. Ashok Kumar, AC to GP-13 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 19-01-2017 Heard parties.

This writ application has been filed for a direction to the respondent no.2 to consider the claim of the petitioner for grant of 2nd A.C.P. after completion of 24 years of satisfactory service in Grade-I with Grade Pay of Rs.4800/- in the pay scale of Rs.9300-34800/- which, according to him, is due since 6.07.2006. It is contended on behalf of the petitioner that he has approached the District Education Officer, Nawada by filing a representation in this regard on 25.01.2016 (Annexure-2) but no decision has been taken as yet.

Patna High Court CWJC No.9671 of 2016 dt.19-01-2017 2/2 Accordingly, this writ application is being disposed of with a liberty to the petitioner to approach the District Education Officer, Nawada once again by filing a detailed representation alongwith a copy of this order. Thereafter, the respondent no.2 would be required to take a decision on its own merit and in accordance with law within a period of two months from the date of receipt/production of a copy of representation.

It is made clear that if the petitioner's claim is found tenable then consequential action should be taken within a further period of two months.

It is also made clear that if the petitioner's claim is not found tenable then a reasoned order would be required to be passed and communicated by the authority concerned.

(Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 20.01.2017 Transmission Date N.A.