Navin Kumar Lall v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18972 of 2014 ====================================================== Navin Kumar Lall son of Late Bankey Bihari Lal resident of Mohalla Chandmari Road Lane No. 5 police station Kankarbagh district Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Secretary Secondary Education Human Resources Development Department having his office at Vikas Bhawan, police station Sachivalya, District Patna.

2. The Director, Secondary Education having his office at Secondary Education Budh Marg, Police Station Kotwali, District Patna.

3. The Regional Deputy Director , Patna Division having his office in Intermediate Council Budh Marg, P.S. Kotwali, District Patna.

4. The District Education Officer having his office at Collectorate Compound, Patna.

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

For the Petitioner/s :

Mr. Vikas Mohan, Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner is aggrieved by non-consideration of first and second ACP on completion of 24 years of service. The counsel submits that as per the ACP, Rule the petitioner fulfill the eligibility and as such he his entitled to grant of benefit of first and second ACP. This writ petition has been filed on 07.11.2014 after service of two advance copies to the office of the Advocate General, but unfortunately till date no counter affidavit has been filed.

Under the aforesaid circumstance, the writ petition is

Patna High Court CWJC No.18972 of 2014(2) dt.07-09-2018 2/2 disposed of with a direction to the respondent Director Secondary Education, Patna to consider the claim of the petitioner for grant of first and second ACP in accordance with ACP, Rules and pass appropriate order after objective consideration on the claim of the petitioner and if it is found that petitioner is eligible for grant of first and second ACP in accordance with ACP Rules the respondent is required to take step for grant of such promotion with all consequential benefits. Final decision in this regard may be taken by the respondent within a maximum period of four months from the date of receipt/production of a copy of this order.

With he aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) T.Kr./- U