Krishna Kumar Trivedi v. The Magadh University Bodh Gaya And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24779 of 2013 ======================================================

1. Krishna Kumar Trivedi S/O Late Ram Sagar Trivedi Resident Of Lakhan Sarai, P.S. - Sasaram Town, District - Rohtas (Sasaram) .... .... Petitioner/s

Versus

1. The Magadh University Through Its Registrar

2. The Vice Chancellor Magadh University, Bodh Gaya, District - Gaya

3. The Registrar, Magadh University, Bodh Gaya, District - Gaya

4. The Finance Officer, Magadh University, Bodh Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Prasad For the Respondent/s : Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-07-2016 Heard the parties.

Learned counsel for the University accepts entitlement of ACP to the petitioner. Though in the counter affidavit, the University has taken a plea that ACP has not been introduced by the State Government to the employees of the University but during submission the University has accepted that the Government has already introduced the benefit of ACP to the teaching and nonteaching employees of the University in view of the judgment in the case of State of Bihar vs. Sunny Prakash, reported in 2013(1) PLJR 237 SC and University submits that University is working out in what manner the benefit

Patna High Court CWJC No.24779 of 2013 (3) dt.18-07-2016 of ACP will be extended to the employees of the University including the petitioner. He further submits that there is likelihood that the employees of the University would get benefit of ACP within three months from the date of receipt/production of a copy of this order. University has not raised any dispute that petitioner is not entitled for ACP so it is required mathematical calculation. It goes without saying that after the enforcement of ACP there will be enhancement of the amount of retiral dues. In such situation, the petitioner is also entitled to the consequential benefit after implementation of benefit of ACP. The document showing implementation of ACP is kept on record.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U