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Patna High CourtCWJC/5778/2020disposed

Surendra Sharma v. The State Of Bihar

2021-12-09Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5778 of 2020 ====================================================== 1.

Surendra Sharma Son of Rajdev Singh Resident of Village- Larsa, P.S.- Obra, District- Aurangabad.

2.

Surya Dayal Yadav Son of Ram Swarup Yadav Resident of VillageKhadwan, P.S.- Khudwan, District- Aurangabad. 3.

Basant Ram Son of Shiv Nandan Ram Resident of Village- Holichak Ram Nagar Bharub, P.S.- Khudwan, District- Aurangabad. 4.

Satendra Sharma Son of Nanheshwar Sharma Resident of VillageKhudwan, P.S.- Khudwan, District- Aurangabad. 5.

Sanjay Paswan Son of Jaychand Paswan Resident of Village- Ram Nagar, P.S.- Khudwan, District- Aurangabad.

6.

Shree Paswan Son of Karu Paswan Resident of Village- Malwan, P.S.- Khudwan, District- Aurangabad.

7.

Upendra Singh Son of Late Awadhesh Singh Resident of Village- Parihara, P.S.- Khudwan, District- Aurangabad.

8.

Surendra Ram Son of Chalitar Ram Resident of Village- Momindpur Chanda, P.S.- Khudwan, District- Aurangabad.

9.

Ram Tihar Ram Son of Nirdhin Paswan Resident of Village- Lasra, P.S.- Obra, District- Aurangabad.

10.

Ramgati Ram Son of Bishundhari Ram Resident of Village- Ordih, P.S.- Kutumba, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Home (Police) Government of Bihar, Patna.

2.

The Secretary, Department of Finance, Government of Bihar, Patna. 3.

The District Magistrate, Aurangabad.

4.

The Superintendent of Police, Aurangabad.

5.

The Circle Officer, Obra, District- Aurangabad. 6.

The Circle Officer, Kutumba, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Respondent/s :

Mr. Md. Nadim Seraj (Gp5) CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-12-2021 Heard learned counsels for the parties.

Patna High Court CWJC No.5778 of 2020 dt.09-12-2021 2/3 In the instant petition, petitioner has prayed for the following reliefs:

"For issuance of an appropriate writ/writs, order/orders, direction/directions to the respondent authorities to grant benefit of assured progression/modified assured career progression scheme to the petitioners as the petitioners have not been given benefit of the said A.C.P or M.A.C.P in whole of their service period. The petitioners further prays for any other relief(s) for which the petitioners may be found entitled in the facts and circumstances of the present case."

Short question for consideration in the present petition is whether petitioners are entitled to A.C.P/M.A.C.P. as and when it is due to each of the petitioner or not? In this regard, the petitioners were stated to have approached the concerned respondent in making representation/application? In the light of these facts and circumstances, the concerned respondent is hereby directed to examine the grievance of each of the petitioner to the extent whether each of the petitioners is entitled to A.C.P/M.A.C.P or not? In this regard speaking order shall be passed by the competent authority and furnished the same to the concerned petitioner.

The above exercise shall be completed within a period of three months from the date of receipt of this order.

Patna High Court CWJC No.5778 of 2020 dt.09-12-2021 3/3 With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) Gaurav Kumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date