Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9745 of 2021 ====================================================== Anil Prasad Son of Awadh Kishore Prasad Resident of Village- Dhadhaur, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

1.

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

The Director, Animal Husbandry, Government of Bihar, Patna. 3.

The Joint Director, (Head Office), Animal Husbandry Directorate, Bihar, Patna.

4.

District Animal Husbandry Officer, Jamui.

5.

Assistant Director, Animal Husbandry Department, Large Animal Development Project/Planning, Regional Bose, Jamui, District- Jamui. 6.

District Animal Husbandry Officer, Patna.

7.

Regional Director Animal Husbandry, Bhagalpur Region, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Sinha :

Mr. Brij Nandan Prasad :

Mr. Dhirendra Nath Jha For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. In the instant petition, petitioner has prayed for the following relief/reliefs:

"i. For issuance of writ in the nature of Mandamus Commanding and directing the respondent specially respondent No. 2, the Director, Animal Husbandry, Patna to pay the rest salary for the period of suspension, 23.06.1997 to 23.08.1997 and thereafter give the benefit of A.C.P. keeping in mind that petitioner has already retired in the month of February, 2016.

Patna High Court CWJC No.9745 of 2021 dt.18-02-2022 2/2 ii. For issuance of further writ in the nature of mandamus commanding and directing the Respondents to make available the due amount of salary for suspension period so that benefit of A.C.P. be made to the petitioner. And/or pass such other order and orders as deem fit and proper in the interest of Justice."

4. The aforesaid relief is supported by applications and legal notice, therefore, the concerned respondent is hereby directed to examine the service particulars of the petitioner as to verify whether petitioner is entitled to A.C.P. and consequential monetary benefits or not? Such a decision shall be taken by the competent authority within a period of three months from the date of receipt of this order. If the petitioner is eligible, in that event, necessary order shall be passed in extending A.C.P and other monetary benefits. If petitioner is not otherwise eligible, in that event, necessary speaking order shall be passed as to why the petitioner is not entitled.

5. With the above observations, writ petition stands disposed off (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 23.02.2022 Transmission Date