Md. Jahangir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7783 of 2021 ====================================================== Md. Jahangir Alam Son of Ajabul Ali, resident of Ali Nagar, Ward No. -22, P.S.-Saharsa, District-Saharsa.

... ... Petitioner/s

Versus

1.

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

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

The inspector general of Police (budget, Appeal, welfare), Government of Bihar, Patna.

4.

The superintendent of Police, Khagaria.

5.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Niraj Kumar For the Respondent/s :

Mr. Shiv Shankar Prasad, SC 8 :

Mr. Prabhat Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. Counsel for the petitioner is hereby directed to sever copy of the writ petition to the counsel for the State/respondents, if it is not already served.

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

"That this is application for issuance of appropriate writ/order/direction to respondent authorities to extend the benefits of ACP/MACP to the petitioner with effect from the date of his entitlement and thereafter make the payment of arrear of salary, accrued due to benefits of ACP/MACP, along with interest thereon.

Patna High Court CWJC No.7783 of 2021 dt.11-02-2022 2/2 Further prayer is to direct the respondents to revise the amount of Pension, Gratuity and Leave Encashment, and to make the payment of arrears accrue thereon consequent to the benefits of ACP/MACP."

5. In support of the aforesaid relief, petitioner submitted representation vide Annexure 3 to this petition. In the light of these facts and circumstances and the fact that the petitioner's grievance is pending consideration before the concerned authority/respondent. The competent authority is hereby directed to decide the petitioner's representation read with judicial pronouncements, if any, as to whether petitioner is entitled to A.C.P./M.A.C.P. benefits or not? If petitioner is eligible with reference to service particulars read with the A.C.P./M.A.C.P Rules, necessary order shall be passed in extending monetary benefits. If petitioner is otherwise not entitled, in that event, necessary speaking order shall be passed as to why the petitioner is not entitled. The above exercise shall be completed within a period of three months from the date of receipt of this order.

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