Umesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3331 of 2025 ====================================================== Umesh Prasad Singh, Son of Late Sant Lal Singh, Resident of Village-Digghi, P.O. Shahjadpur, P.S. Nath Nagar, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Director, I.C.D.S., Directorate, Bihar, Patna. 3.

The Accountant General, Bihar, Patna.

4.

The Divisional Commissioner, Bhagalpur.

5.

The District Magistrate, Bhagalpur.

6.

The District Programe Officer, Bhagalpur.

7.

The Treasury Officer, Bhagalpur.

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

For the Petitioner/s :

Ms. Pravina Kumari, Adv.

For the Respondent/s :

Mr. Addl. Advocate General (07) For the AG, Bihar :

Mr. Vivekanand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-02-2025 Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondents to consider his representation dated 01.11.2023 and extend the benefit of A.C.P. and its consequential benefits in the light of the Full Bench decision of this Court in the case of Kamlanand Thakur v. The State of Bihar and Others and other analogous cases [C.W.J.C. No. 18727 of 2017].

3. Learned counsel for the petitioner contended that notwithstanding rendering continuous service by the petitioner

Patna High Court CWJC No.3331 of 2025(2) dt.25-02-2025 2/3 since 10.08.1983 as a Clerk in the office of C.D.P.O., Sikandara, Munger, when he has not been accorded the benefit of A.C.P., he compelled to approach this Court in C.W.J.C. No. 6281 of 2016. The aforesaid writ petition came to be disposed off giving liberty to the petitioner to approach the respondent authorities for redressal of his subsiting grievance, if any. The petitioner, in pursuant to the liberty accorded by this Court, filed a representation, the copy of which is marked as Annexure-P/2 to the writ petition. The representation preferred by the petitioner is pending since 01.11.2023, however, till date no final decision has been taken; hence, the petitioner again moved this Court.

4. Learned counsel for the State as well as learned counsel for the Accountant General submitted that since representation of the petitioner is already pending, it is the concerned authority, who shall look into the matter and dispose off the same.

5. Having considered the nature of grievance, this writ petition stands disposed off with a direction to the respondent no.5, the District Magistrate, Bhagalpur to consider the representation of the petitioner dated 01.11.2023 (AnnexureP/2) in the light of the Full Bench Decision in Kamlanand Thakur (supra) and dispose off the same by a reasoned and

Patna High Court CWJC No.3331 of 2025(2) dt.25-02-2025 3/3 speaking order, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

6. Suffice it to observe that if the claim of the petitioner finds favour, necessary consequential order shall be passed.

(Harish Kumar, J) rohit/- U