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Patna High CourtCWJC/4276/2022disposed

Hari Das v. The State Of Bihar

2023-04-20Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4276 of 2022 ====================================================== 1.

Hari Das Son of Bharosy Das Resident of Village - Chakmunia, P.S. Rajoun, District- Banka.

2.

Doman Sharma Son of Singheshwar Sharma Resident of Village - Niyamatpur, P.O. Sanjha, P.S. - Rajoun, District- Banka. 3.

Mohd. Shahbuddin Son of Mohd. Sharafat Mansuri Resident of Village - Chakmunia, P.O. Sanjha, P.s. - Rajoun, District- Banka. 4.

Anandi Paswan Son Hejal Paswan Resident of Village - Mahada, P.O. Bamdeo, P.S. - Rajoun, District- Banka.

5.

Ambika Paswan Son of Gorachnda Paswan Resident of Village - Malti, P.O. Qiahara, P.S. - Rajoun, District- Banka.

6.

Ramvilas Paswan Sobn of Chhedi Paswan Resident of Village - Bhojalchak, P.O. and P.S. - Rajoun, District- Banka.

... ... Petitioners

Versus

1.

The State of Bihar Through the Principal Secretary through the Finance Department, Bihar, Patna.

2.

The Principal Secretary, Home (Police) Department Bihar, Patna. 3.

The District Magistrate, Banka.

4.

The Circle Officer, Rajoun, District Banka.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Munish Kumar, Advocate For the Respondent/s :

Mr.Md. Nadeem Seraj (GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners submits that all these petitioners have retired from the post of Dafadar on various dates. It is their submission that during their service period, they were not given the benefits of Assured Carrier Progression scheme (in short, 'ACP') as well as Modified Assured Carrier Progression scheme (in short, 'MACP'). In this regard, they have made several representations to the District Magistrate, Banka as well as the

Patna High Court CWJC No.4276 of 2022(2) dt.20-04-2023 2/2 Principal Secretary (Home) Police Department, Bihar, Patna. Learned counsel submits that after filing of this writ application payment has though been made to petitioner no. 1 but so far as the other petitioners are concerned, no decision has been taken regarding them. Learned counsel for the State submits that at this stage, this writ application may be disposed of with a direction to the District Magistrate, Banka and other competent authority, if any, to consider the claim of the petitioners within a reasonable time.

Having regard to the nature of submissions advanced and the materials available on the record, this Court directs the District Magistrate, Banka to look into the grievance of the petitioners, examine the same and take an appropriate step towards redressal of the grievance of the petitioners within a period of three months from the date of receipt/ production of a copy of this order. It goes without saying that in case the petitioners are found entitled for the benefits of the scheme, the same will be provided to them within a period of two months thereafter. This writ application stands disposed of accordingly.