Lakshman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4169 of 2020 ====================================================== Lakshman Singh Son of Late Chandrika Singh, Resident of VillagePrastampur,Karhansi, P.S. Dinara, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

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

The Principal Secretary, Education Department, Bihar, Patna. 4.

The Director Primary Education, Education Department, Bihar,Patna. 5.

The Regional Deputy Director of Education, Patna Division, Patna. 6.

The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

7.

The District Education Officer, Madhubani.

8.

The District Programme Officer, (Establishment), Madhubani. 9.

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

For the Petitioner/s :

Mr. Rana Ishwar Chandra, Adv.

For the Respondent/s :

Mr. Ashutosh Ranjan Pandey (AAG15) :

Mr. Vinay Kumar Mishra, AC to AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-01-2024 Upon repeated call, no one appears on behalf of the petitioner however, counsel for State is present.

2. It transpires from the writ petition that this petition has been filed directing the respondents to grant admissible benefits of A.C.P. to the petitioner along with all consequential benefits after counting the period of service of the petitioner of about 35 years.

3. It transpires from the pleading made in the writ petition, the petitioner was initially appointed as Matric Trained Assistant Teacher in the year 1980 and retired from the post of

Patna High Court CWJC No.4169 of 2020(2) dt.12-01-2024 2/2 Block Education Officer (completion of 34 years of service).

4. It further transpires that his level of service was clean and there is no adverse remark against him, but benefit of ACP/MACP has not been granted to him whereas specific A.C.P. Rule, 2003 as well as M.A.C.P. Rule, 2010 are in existence.

5. Counsel for the State submits that the State of Bihar has already framed a rule in the year 2019, namely, Bihar Government Servant Grievance Redressal Rules, 2019 under which the Government servants or retired personnel of the State Government may file a complaint/representation for their grievances before the Service Grievance Redressal Officer who has to pass order within fixed period of time.

6. As such, this writ petition is hereby disposed off granting liberty to petitioner to avail his remedy before the Service Grievance Redressal Officer (respondent No.6) within four weeks and respondent No.6 is directed to pass a reasoned and speaking order within 90 days thereafter.

7. With the aforesaid direction, the present writ application is hereby disposed off.

(Dr. Anshuman, J.) Prakashmani/- U