Gopal Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8338 of 2016 ====================================================== Gopal Ram Son of Bal Govind Ram Resident of Village- Ugawa, P.O. Ugawa, P.S Asthawa, District Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Department of Higher Education, Patna.

2.

The Director, Bihar Rashtra Bhasha Parishad, Government of Bihar, Patna-4 3.

The Deputy Director, Bihar Rashtra Bhasha Parishad, Government of Bihar, District Patna.

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

For the Petitioner/s :

Mr.Sushil Kumar, Adv.

For the Respondent/s :

Ms.Vijya Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For grant of first, second and third financial progression in higher pay scales under the provisions of Bihar State Employees Conditions and Service (Assured Carrer Progression Scheme) Rules, 2003 and Bihar State Employees Condition of Service Modified Assured Carrer Progression Scheme, 2010 as the petitioner completed 10 years of his service on 01.03.1995, 20 years of service on 01.03.2005 and 30 years of service on 01.03.2015 and during the period the petition worked in the same scale of pay including the revised scale of pay.

(ii) For directing the respondent state to grant pension and other retiral benefits to the petitioner who was appointed on 03.08.1983 on the post of Driver in Bihra Rashtra Bhasha Parishad; his service

Patna High Court CWJC No.8338 of 2016(2) dt.13-10-2023 2/2 was confirmed w.e.f. 01.03.1985 and eventually, after completed the full length of service, superannuated on 31.12.2015 but the pension and other retiral benefits has neither been fixed nor paid to the petitioner up-till-now.

(iii) For directing the respondent state to grant the arrear of the driving allowance to the petitioner as the amount of driving allowance has not been paid to the petitioner."

2. Considering the facts and circumstances of the case as also considering the fact that the Screening Committee has not considered the case of the petitioner, merely on the ground that the Bihar Rashtrabhasha Parishad had verified the service book of the petitioner only upto 31.07.2002, this Court deems it fit and proper to direct the Director, Bihar Rashtrabhasha Parishad, Government of Bihar, Patna to ensure that the case of the petitioner for grant of A.C.P./M.A.C.P., is considered and an appropriate decision is taken, after getting his service book verified by the concerned department, within a period of four weeks of receipt/production of a copy of this order.

3. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U