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Patna High CourtCWJC/4882/2016disposed

Padam Raj Verma v. The State Of Bihar And ORS

2022-10-17Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4882 of 2016 ====================================================== Padam Raj Verma s/o Late Nand Kishore Prasad Verma, residing at Kamla Kunj, Near Old City Court, P.O.- Gulzarbagh, P.S.- Alamganj, District- Patna800 007 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Finance, Government of Bihar, Patna 3.

The Director Press, Printing and Stationary, Department of Finance, Government of Bihar, Patna 4.

The Superintendant, Bihar Secretariat Press, Gulzarbagh, Patna- 7 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakmesh Marvind, Advocate For the Respondent/s :

Mr. Ashok Priyadarshi, GA 4 Mr. Amit Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-10-2022 Heard learned counsels for the respective parties.

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

"(i) For directing the respondent concerned to grant 1st ACP benefit to the petitioner w.e.f 9.8.1999 in the pay scale of Rs.4000-100-6000 with grade pay Rs. 2400/- in the light of the ACP rules 2003 and accordingly revise the pay scale already given to the petitioner.

(ii) For directing the respondent concerned to grant 2nd ACP benefit to the petitioner w.e.f. 21.12.2001 in the pay scale of Rs.4500-125-7000 with grade pay Rs.2800/- as per the recommendation made by the respondent no. 4 time to time in the light of the ACP rules 2003 and accordingly revise the pay scale already given to the petitioner.

Patna High Court CWJC No.4882 of 2016 dt.17-10-2022 2/3 (iii) For further directing the respondent concerned to grant MACP benefit to the petitioner w.e.f. 1.1.2009 in the pay scale of PB-2(930034800) with grade pay Rs.4200/- as per the recommendation made by the respondent no.4 time to time in the light of MACP Scheme 2010 and accordingly revise the pay scale of the petitioner.

(iv) For directing the respondent concerned that after granting the ACP benefits to the petitioner pay the difference of salary in pursuance of the pay scales of Rs.4500-125-7000 with grade pay Rs.2800/ and Rs.4000-100-6000/- with grade pay Rs.2400/- for the period 31.12 2008 to 21.12.2001.

(v) For further directing the respondents concerned that after granting the MACP benefits to the petitioner pay the difference of salary of the pay scales PB-2(9300-34800) with grade pay Rs.4200/- and PB-1(5200-20200) with grade pay of Rs.2800/- for the period 1.1.2009 to 30.11.14(i.e. the date of superannuation).

(vi) For further directing the respondent concerned to fix the last on 30.11.14 on the basis of the pay scale of PB-2(9300-34800) with grade pay Rs.4200/- to the petitioner and as a consequence pay the difference of pensionary benefits to the petitioner till date according to the revised pay scales and last pay drawn.

(vii) For any other relief(s)."

3. In support of the aforesaid reliefs petitioner has submitted representations in the year 2015 vide Annexure - 10. The concerned respondent has not taken any action in redressing the petitioner's grievance relating to extending A.C.P. benefits from time to time. In this regard, respondent Nos. 2 and 3 are hereby directed to take note of petitioner's service particulars read

Patna High Court CWJC No.4882 of 2016 dt.17-10-2022 3/3 with the scheme/rules of A.C.P which were in vogue as on the date of claiming A.C.P./M.A.C.P benefits.

4. The petitioner's grievance shall be redressed while passing speaking order. If petitioner entitle to a particular date with reference to service particulars read with the A.C.P./M.A.C.P scheme, in that event a detailed speaking order shall be passed and communicated to the petitioner. In the event of petitioner is entitled to any monetary benefits, the same shall be calculated and disbursed 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