Ram Lakhan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7012 of 2021 ====================================================== Ram Lakhan Ram Son of Late Ramdhan Ram Resident of Village Ghatikan Tola (Shahpur), Police Station Sheosagar, District Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of General Administration, Government of Bihar, Patna.

2.

The District Magistrate Cum Chairman, District Screening Committee, Rohtas at Sasaram.

3.

The Deputy Collector (Nazarat), District-Collectoriate, Rohtas at Saaram 4.

The Deputy Collector, District General Cell, Rohtas at Saaram 5.

The Block Development Officer, Akorhi Gola, District-Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondent Nos. 1 to 5.

3. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this is an application for issuance of an appropriate writ(s), order(s) or direction (s) for quashing of the part of the decision communicated dated 31.12.2020 is respect of the petitioner a group DEmployee of Respondent No. 3 by which the first

Patna High Court CWJC No.7012 of 2021 dt.09-02-2022 2/2 M.A.C.P. (hereinafter referred as M.A.C.P.) benefit has been kept in abeyance since 16.03.2010 due to breakage in service and further direct the respondents to pay the arrears after considering the case of the petitioner."

4. In support of the aforesaid relief petitioner submitted representation on 06.09.2019. The concerned authority has not taken decision in either accepting or rejecting the petitioner's claim for extending benefit of 1st M.A.C.P. Therefore, the concerned respondent is hereby directed to verify the service particulars of the petitioner read with the Schemes/Rules of the M.A.C.P. (Criteria). If the petitioner fulfills the requisite criteria, in that event, M.A.C.P. shall be granted to the petitioner along with monetary benefits including interest @ of 8 % per annum. If the petitioner is not entitled, in that event, necessary speaking order shall be passed as to why the petitioner is not entitled to 1st M.A.C.P. The above exercise shall be completed within a period of three months from the date of receipt of this order.

5. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date