Madan Mohan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14205 of 2015 ====================================================== Madan Mohan Jha Son of Late Muni Jha, Resident of Village - Prasad, P.O. - Banki, Via - Madhepura, P.S. - Madhepur, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Rural Works Department, Bihar, Patna. 3.

The Engineer-in-Chief, Rural Works Department, Bihar, Patna. 4.

The Chief Engineer, Rural Works Department, Hajipur. 5.

The Superintendent Engineer, Rural Works Department, Work Circle - 2, Darbhanga.

6.

The Executive Engineer, Rural Works Department, Work Division- 2, Benipur, Darbhanga.

7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Alok Kumar For the Respondent/s :

M/s Ajit Kumar, Arvind Kumar and Kumar Priya Ranjan, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner, State and the Accountant General.

2. The petitioner was appointed as Clerk in Rural Works Department, Work Division- 2, Benipur, Darbhanga and he was transferred from time to time and ultimately he was shifted to Supaul, Biraul. The petitioner was initially appointed on 30.07.1976 having completed 30 years of continuous service with full satisfaction of the higher authority and ultimately he has superannuated as a Clerk on 31.08.2009, but admittedly the petitioner has not been granted either promotion or any benefit

Patna High Court CWJC No.14205 of 2015(2) dt.21-05-2019 2/2 in terms of A.C.P. or M.A.C.P. scheme

3. In such view of the matter, this Court directs the State Government to give the benefit of 1st ACP, 2nd ACP and 3rd MACP to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

4. It has also been pointed out by the petitioner that they may raise objection on non-passing of Hindi Noting and Drafting Examination but in view of the judgment reported in 2012 (1) PLJR 663, Avinash Chandra Singh vs. State of Bihar and others, it is no longer need to pass the examination for grant of A.C.P.

5. With the above direction, this application is disposed of.

(Shivaji Pandey, J) Mahesh/- U