Krishna Deo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8508 of 2021 ====================================================== Krishna Deo Singh Son of Late Chakradhar Singh, Resident of Flate No. 203, 2nd Floor, Bhagwati Apartment M.G. Path, Near Hero Service Center, Bose Park, Jagdishpur, Bhagalpur, P.S.-Adampur, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary-cum-Commissioner, Minor Immigration Department Government of Bihar, New Secretariat, Patna.

3.

The Chief Engineer, Minor Immigration Department, Bhagalpur. 4.

The Superintending Engineer, Minor Immigration Circle, Bhagalpur. 5.

The Executive Engineer, Aayojan and Monitoring Division, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Pratap Singh For the Respondent/s :

Mr. Anirban Kundu, SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-02-2022 Heard learned counsel for the parties.

2. State counsel accepts notice for respondent Nos. 1 to 5.

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

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

"That this is an application for issuance of an appropriate writ and/or order and/or direction commanding the respondents to pay after granting the 3rd ACP its benefits including the monetary benefits.

Patna High Court CWJC No.8508 of 2021 dt.24-02-2022 2/2 (i) The petitioner further prays that after the grant of the benefits of 3rd A.C.P. the final pension of the petitioner be revised if required and the arrears etc. be paid by granting the 3rd benefits of A.C.P. (ii) The petitioner in this connection also prays that the order contained in Memo No. 265 dated 24.01.2019 by which the A.C.P. of the petitioner was denied be quashed."

5. Perusal of the counter affidavit, it is evident that there is statement that the petitioner is not entitled for the relief sought in the present petition, however, no order has been passed so as to enable the petitioner to question the validity of reasons by which petitioner is not entitled for 3rd A.C.P. Therefore, the concerned respondent is hereby directed to pass a speaking order and communicate the decision to the petitioner within a period of one month 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 04.03.2022 Transmission Date