Baldeo Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11568 of 2015 ====================================================== Baldeo Prasad Sah, Son of Late Ganga Sah, Resident of Village/MohallaMohiuddin Nagar, P.O.P.S.- Mohiuddin Nagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3.

Director, Primary Education, Bihar, Patna.

4.

District Magistrate, Samastipur.

5.

District Programme Officer, Samastipur.

6.

Head Master, Middle School Mohiuddin Nagar, Samastipur. 7.

Accountant Genaral, Bihar, Patna.

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

For the Petitioner :

Mr.Pramod Kumar, Advocate For the State :

Mr.Apurva Kumar, AC to GA12 For A.G.

:

Mr.Bindhyachal Rai, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

2.

In the writ application, the petitioner has prayed for grant of second A.C.P. and refixation of his pensionary benefits accordingly. He has also claimed some interest on delayed payment of G.P.F. amount, which he submits has been paid on 30.09.2013 instead of 01.01.2012. 3.

There is no averment in the writ petition that the petitioner has stagnated in the same scale or post throughout his carrier.

Patna High Court CWJC No.11568 of 2015(3) dt.15-12-2022 2/2 4.

On a query being made on whether he has approached the Authorities for grant of second A.C.P., learned counsel for the petitioner has invited the Court's attention on Annexure-3.

5.

The same also does not show that he has made any claim for second A.C.P.. The pleadings in the writ petition does not lay the foundation for any claim with respect to second A.C.P.. The counter affidavit clearly states that all due retiral benefits in the admissible scale has been granted to the petitioner. There is no denial/dispute by any rejoinder to the counter affidavit also.

6.

No case is made out for issuance of any writ. 7.

Writ application is dismissed.

(Madhuresh Prasad, J) shashank/- U