Akhouri Shashi Ranjan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5213 of 2023 ====================================================== 1.

Akhouri Shashi Ranjan Prasad son of Late Akhouri Janardan Prasad, resident of Flat no. B/2, Block B, Aprajita Garden, Ramnagari Road, Ashiana Nagar, Police Station - Rajiv Nagar, District - Patna. 2.

Anil Kumar Verma, Son of Late Keshav Prasad Verma, resident of Mohallah- Newyarpur, Janta Road, N.Y. 70, Police Station - Gardanibagh, District - Patna.

3.

Partho Protim Das, Son of Late Nirmal Chandra Das, resident of Jakkanpur, Opposite Sasti Complex Lane, Police Station - Jakkanpur, District - Patna. 4.

Rabindra Choudhary, Son of Late Basant Chaudhary, resident of village - Kolawan, Police Station - Harnaut, District - Nalanda. 5.

Pramod Kumar Mishra, Son of Late Rajendra Prasad Mishra, Resident of Extension Road No. 1, Rajbanshi Nagar, Police Station - Shashtrinagar, District - Patna.

6.

Kamal Krishna Verma, son of Late Devendra Nath Verma, resident of North Shashtri Nagar, Lal Babu Market, Police Station - Shashtrinagar, District - Patna.

7.

Arjun Prasad No. 1, son of Late Hari Bhushan Prasad Verma, resident of Saraswati Vihar Colony, Saichak, Police Station - Beur, District - Patna. 8.

Upendra Kumar Sinha, Son of Late Sukhdeo Prasad, resident of Mohallah Panchsheel Nagar, Police Station - Danapur, District - Patna. 9.

Shah Asgar Imam, son of Iqbal Imam, resident of mohallah - Mogalpura, Patna City, Police Station - Khajekala, District - Patna. 10.

Shashi Shekher Verma, Son of Late Deokinandan Prasad Verma, at present resident of Plot no. 148-B, Road No. 4, Rajendra Nagar Police Station - Kadamkuan, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Finance Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Law Department, Govt. of Bihar, Patna. 3.

The Registrar General, Patna High Court, Patna. 4.

The District and Sessions Judge, District Court, Patna. 5.

The District Accounts Officer, Patna.

6.

The Accountant General, Patna, Bihar.

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

For the Petitioner/s :

Mr.Parijat Saurav, Adv.

For the Respondent/s :

Smt. Anuradha Singh, SC-21 Mr.Kumar Samarjeet Singh, AC to SC-21 For Patna High Court :

Mr.Piyush Lall, Adv.

Patna High Court CWJC No.5213 of 2023(2) dt.01-11-2023 2/3 For the Accountant General:

Mr.Binod Kumar Labh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.i) For a writ in the nature of Mandamus or any other appropriate writ/order directing the respondents to grant 2nd ACP in the pay scale of PB 2+ grade pay Rs. 5400/- (replacement pay scale of Rs. 8,000 - 13,500/-) to the petitioners on completion of their respective 24 years of service, as the petitioners are eligible for pay scale of Sheristedar of the District Judge as benefit of 2nd A.C.P which is Rs. 8,000-13,500/- w.e.f. 01.04.2003 (and revised pay scale of PB 2+ Rs. 5400/- w.e.f. 01.01.2006) as fixed by the resolution no. 1519 dated 14.02.2013 of the State Government.

ii) For issuance of a writ in the nature of Mandamus or any other order or direction upon the respondents to make payment of the pension and consequential benefits alongwith the arrears of difference of pay / pension as well as interest of 12% per annum on delayed payment to the petitioners."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District and Sessions Judge, Civil Court, Patna i.e. the respondent no.4,

Patna High Court CWJC No.5213 of 2023(2) dt.01-11-2023 3/3 for redressal of their aforesaid grievances. Liberty so sought is granted.

3. It is expected that the respondent no.4, shall take appropriate steps with regard to redressal of the grievances of the petitioners, as aforesaid, within a period of eight weeks of receipt/production of a copy of this order.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U