Dinesh Prasad Sinha And ANR v. Bihar State Electricity Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19661 of 2011 ======================================================

1. Dinesh Prasad Sinha son of Late Brij Bihari Lal resident of Flat No. 154, Grand Apartment, Frazer Road, P.S.- Gandhi Maidan, District- Patna

2. Arjun Prasad son of Late Babu Chand Prasad Gope resident of Flat No. N/21, Arya Madhukunj Apartment, Sahdeo Path, West Patel Nagar, P.S.- Shastri Nagar, District- Patna .... .... Petitioner/s

Versus

1. Bihar State Electricity Board Through Its Chairman Vidyut Bhawan, Bailey Road, Patna

2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna

3. Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna

4. Joint Secretary Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-05-2016 Heard Sri Naresh Chandra Verma, learned counsel for the petitioners and Sri Vinay Kirti Singh, learned counsel, who has appeared on behalf of the respondent/ Bihar State Electricity Board (presently known as 'Bihar State Power Holding Co. Ltd.') Two petitioners, who retired on two different dates, have approached this court with a prayer to direct the respondents to grant the benefit of A.C.P. scheme.

In the writ petition a vague statement has been made

Patna High Court CWJC No.19661 of 2011 (4) dt.10-05-2016 2/2 that petitioners regarding the relief had approached the authority concerned, however, they have not brought on record any such representation.

The court is of the opinion that before invoking writ jurisdiction for issuance of a writ of mandamus one is required to raise his grievance before the authority concerned and only in case of rejection or if no decision is taken by the authority concerned for a longer period, one can approach this court. Accordingly, the writ petition stands disposed of granting liberty to the petitioners to first approach the authority concerned. If such representation is filed within a period of eight weeks from today, the court expects that the respondents authorities may examine the same and pass appropriate order in accordance with law preferably within a period of three months thereafter.

(Rakesh Kumar, J) Praful/- U