Bhairo Singh @ Bhairav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9549 of 2021 ====================================================== Bhairo Singh @ Bhairav Singh son of late Ramwachan Singh Resident of Village- Horil Chhapra, P.S.- Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna.

2.

The Director, Department of Agriculture, Bihar, Patna. 3.

The Joint Agriculture Director, Tirhut Region Zone, Muzaffarpur. 4.

The Deputy Director, Tirhut Division, Motihari. 5.

The Accountant General Bihar, Patna.

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Respondent/s :

Mr.

====================================================== 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 accept notice for respondents. Petitioner's counsel to serve copy of the petition to the State counsel, if it is not already served.

3. In the instant petition, petitioner has sought for following reliefs:

"That the instant application is being filed on behalf of the above named petitioners for issuance of writ(s), order(s) or direction(s) for following relief(s):- i. For directing the respondent to grant the benefit of Time Bond Promotion, 1st and 2nd Assured Career Progression (In Short A.C.P.). to the petitioner, which were applicable to him, during his service tenure.

ii.

Also for directing the

Patna High Court CWJC No.9549 of 2021 dt.18-02-2022 2/2 respondent to make payment of the said benefits to the petitioner.

iii. Also for any other relief(s) for which petitioner is found to be entitled in view of the facts and circumstances of the case."

4. Aforesaid relief is supported by representation dt. 09.08.2019, vide Annexure-2. Short question for consideration in the present petition is whether petitioner is entitled to 2nd ACP benefit along with monetary benefits or not?

5. The concerned respondent is hereby directed to examine petitioner's service particulars read with the relevant rules governing 2nd ACP. If the petitioner fulfills the criteria stated in the ACP Rules in that event the concerned respondent is hereby directed to extend ACP benefits along with monetary benefits (difference of salary). The above exercise shall be completed within a period of three months from the date of receipt of this order.

6. With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 02.03.2022 Transmission Date