Banke Paswan, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4655 of 2022 ====================================================== 1.

Banke Paswan, son of Late Harihar Paswan, resident of Village-Sheikhpura (Panchdevta), P.O. and P.S.-Tekari, District-Gaya. 2.

Brajendra Kumar, son of Late Baleshwar Pandey, resident of Village-Dehri, P.O. Dehri, P.S.-Hashpura, District-Aurangabad. 3.

Anupam Kumar Singh, son of Nagendra Singh, resident of VillageMisharwaliya, P.S. - Jalalpur Bazar, District Saran at Chapra. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Environment and Forest Department, Government of Bihar, Sinchai Bhawan, Patna.

3.

The Additional Secretary, Environment and Forest Department, Government of Bihar, Sinchai Bhawan, Patna.

4.

The Principal Chief Conservator of Forest, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the State :

Mr.Raghwanand, GA-11 Mr.Pratik Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of a writ in the nature of mandamus directing the concerned respondent authorities to consider and grant the benefit of Assured Career Progression Scheme (ACP in short) as also the modified A.C.P. to the petitioners taking into account the date of initial appointment as Forest Extension Supervisor Forest Extension Worker i.e.

06.11.1987, 26.10.1987 & 12.10.1987

Patna High Court CWJC No.4655 of 2022(2) dt.09-11-2023 2/3 respectively on which the petitioners rendered their service as their termination on the said post was set aside by Hon'ble Court in L.P.A. No.142/2002 vide order dated 28.06.2002 and upheld by the Hon'ble Apex Court in Special Leave to Appeal (Civil) 19983-19988/2002.

(ii) For further directing the concerned respondents to grant promotion to the petitioners taking into account the initial date of appointment as Forest Extension Supervisor/Forest Exclusion Worker i.e.

06.11.1987, 26.10.1987 & 12.10.87 respectively since the petitioners have continued in service delay and have been paid the salary for the period they were retrenched."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Principal Secretary, Forest Department, Government of Bihar, Patna, i.e. the respondent no.2 for redressal of their aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Principal Secretary, Forest Department, Government of Bihar, Patna, within a period of four weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of eight weeks, thereafter.

Patna High Court CWJC No.4655 of 2022(2) dt.09-11-2023 3/3

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

(Mohit Kumar Shah, J) Saurav/- U