Prakash Chandra Fulara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7510 of 2021 ====================================================== Prakash Chandra Fulara S/o Bala Dutt @ Bala Danta Fulara, Resident of Village-Upradi P.S. Ranikhet, District-Almora (Uttarakhand). ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Department of Home Affairs, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Deputy Director General of Police Shahabad Range, Dihri, Rohtas. 4.

Superintendent of Police Buxar, District-Buxar. 5.

Superintendent of Police Jehanabad, District-Jehanabad. 6.

Superintendent of Police Siwan, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Respondent/s :

Mr.Manish Kumar (Gp4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents.

3. Petitioner's counsel to serve copy of the petition to the State counsel.

4. In the instant petition, petitioner has prayed for following reliefs:

"1. That by this writ application the petitioner seeks indulgence of this Hon'ble High Court for issuance of an appropriate writ or writs

Patna High Court CWJC No.7510 of 2021 dt.10-02-2022 2/3 direction or directions for the following reliefs:- I. For issuance of an appropriate writ in the nature of mandamus directing the respondent authorities to give benefits of third A.C.P. (Assured career progression) with proper interest which is due since 2015 and till the retirement 31.3.2020 such benefit was not given and ultimately petitioner was retired from the Post of Police SubInspector from Buxar District force.

II. For issuance of an appropriate writ in the nature of mandamus directing the respondent authorities to pay the differences of all retiral dues as well as salary given since 2015 to 2020 (till the date of retirement with proper interest.

III. To grant any other relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case."

5. Short question for consideration in the present petition is whether petitioner is entitled to 3rd A.C.P. with interest which is due since 2015 till the date of his retirement (31.03.2020) or not? In this regard, petitioner has submitted representations on 13.11.2019, 06.02.2020 and 18.12.2020 (Annexure-3, 4 and 5 respectively) which are pending consideration before the concerned respondent.

6. Therefore, the concerned respondent is hereby

Patna High Court CWJC No.7510 of 2021 dt.10-02-2022 3/3 directed to decide the petitioner's grievance stated in his representations as to whether he is entitled to 3rd ACP along with interest which is due since 2015 till the date of his retirement (31.03.2020) or not. If petitioner is entitled, in that event necessary order shall be passed along with monetary benefits. The same shall be extended to the petitioner along with interest @ 6% per annum. Interest amount is restricted to three years prior to filing of petition till payment is made. The above exercise shall be completed within a period of three months from the date of receipt of this order. If the petitioner is not entitled for the 3rd ACP, in that event a detailed speaking order shall be passed and communicated to the petitioner.

7. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 24.02.2022 Transmission Date