Patna High CourtCWJC/7016/2014disposed

Dr. Ashok Kumar Jha v. The State Of Bihar And ORS

2016-08-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7016 of 2014 ======================================================== Dr. Ashok Kumar Jha, S/o Gauri Shankar Jha, Resident of VillageModu Lab Kali Ashthan, P.S.- Begusarai (Nagar), DistrictBegusarai. .... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Health Department, Bikash Bhawan, Patna.

2. The Director, Health Department, Patna.

3. Additional Secretary, Health Department, Patna.

4. Civil Surgeon-Cum-Medical officer, Khagaria.

5. District Provident Fund officer, Khagaria.

6. The Accountant General, Bihar, Birchand Patel Patna, Patna. .... .... Respondent/s ======================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Adv. : Mr. Arun Kumar Gupta, Adv.

For the State : Mrs. Shilpa singh, G.A.-12.

: Mr. Sunil Kumar, AC. to G.A.-12.

For the Accountant General: Mr. Kuamr Priya Ranjan, Adv. : Mrs. Guriya, Adv.

======================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 08-08-2016 Heard learned counsels for the parties.

Supplementary counter-affidavit has been filed on behalf of the respondents, State of Bihar in compliance of the order dated 20.07.2016 passed in this case. Let it be kept on record.

My attention has been drawn to Annexure-B to the said counter-affidavit dated 26.07.2016 whereby a decision has been taken for payment of salary to the petitioner for the period 29.08.2002 to 30.04.2003. Consequently, grievance of the petitioner for payment of salary for the said period stands redressed.

Patna High Court CWJC No.7016 of 2014 dt.08-08-2016 Learned counsel for the petitioner has referred to Annexure - R-6/F of the counter-affidavit filed on behalf of the respondent No. 6 dated 23.07.2015, which is a communication from the Office of the Accountant General to the petitioner wherein it has been mentioned that the benefits of grant of second ACP to the petitioner are not being given because the period 29.08.200 to 29.04.2003 (244 days) had not been regularized. He has submitted that in the light of decision dated 26.07.2016, as noticed above, there would be no difficulty in allowing the petitioner, benefits of grant of second ACP.

In view of the above, this application is disposed of with a direction to the Accountant General, Bihar, Patna and the Principal Secretary, Health Department, Government of Bihar, Patna to ensure that the benefits arising out of grant of second ACP are made available to the petitioner within a period of one month from today.

Vikash/- (Chakradhari Sharan Singh, J.) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.08.2016 Transmission Date N.A.