Md. Wahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5839 of 2020 ====================================================== Md. Wahid S/o Late Abdul Qadir R/o Village- Makhdumpur Siriniyan, ViaDehariya Mill, P.S. District-Katihar, Retired Assistant, Zila Parishad Office, Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Panchayati Raj Government of BIhar, Old Secretatiat, Patna. 2.

The District Magistrate, Katiahr, 3.

The Zila Parishad, Katihar, through Chairman at and P.O.-Katihar, DistrictKatihar. 4.

The D.D.C.-Cum-Chief Executive Oficer, Zila Parishad, District-Katihar, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal, Advocate For the State :

Mr. Ravindra Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2023 Heard Mr. Suresh Prasad Sah @ Baranwal, learned counsel appearing on behalf of the petitioner and Mr. Ravindra Kumar, learned AC to AAG-6, for the State.

2. Learned counsel appearing on behalf of the petitioner informs that all the retiral dues admissible to the petitioner has been paid, however, the A.C.P. as claimed by the petitioner has not been paid till date.

3. In support of his entitlement for A.C.P., learned counsel has placed reliance on a judgment of a co-ordinate Bench of this Court dated 19.07.2017 passed in CWJC No. 6865 of 2012 and other judgments of this Court which have been

Patna High Court CWJC No.5839 of 2020(9) dt.24-04-2023 2/2 brought on record by way of 'Annexure-8 series' to the writ petition.

4. Considering the aforesaid submission of the petitioner, the petitioner if so desire, he may file a detailed representation before the concerned authority along with the judgments of co-ordinate Bench of this Court which have been brought by way of 'Annexure- 8 series' to the writ petition for redressal of the claim of ACP.

5. The concerned authority is directed to make payment of the dues amount of A.C.P. payable to the petitioner within a period of three weeks.

6. In case, the concerned authority finds that the judgments which have been relied by the petitioner are not applicable in the case of the petitioner is required to give reasons for dismissal of relief of the petitioner within the aforesaid period.

7. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U