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Patna High CourtCWJC/6486/2023disposed

Neera Kumari v. The State Of Bihar

2024-11-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6486 of 2023 ====================================================== Neera Kumari W/o Narendra Prasad Sinha, Resident of Village - Shankatwar Tola Mokama, P.S. - Mokama, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar Patna.

3.

The Director, Primary Education, Education Department Bihar, Patna. 4.

The District Education Officer, Patna.

5.

The Block Education Officer, Mokama, Patna.

6.

The Accountant General, Bihar Patna.

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

For the Petitioner :

Mr. Satyam Shivam Sundaram, Advocate For the State :

Ms. Binita Singh, SC-28 For Accountant General :

Ms. Nivedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-11-2024 Heard learned counsels for the parties.

2. This writ application has been filed for the following relief/s:- "i. For grant of the benefit of 2nd and 3rd ACP/MACP to the petitioner who has superannuated on 31.12.2014 as an Assistant Teacher, Working in Primary School Jakharaj Asthan Mokama, Patna.

ii. For a declaration that the petitioner is entitlted of the benefit of 2nd and 3rd ACP/MACP as she completed more than 30 years in service before her superannuation."

3. After some arguments, learned counsel appearing on behalf of the petitioner requests for disposal of the present writ application granting liberty to the petitioner to raise her

Patna High Court CWJC No.6486 of 2023(2) dt.13-11-2024 2/2 grievances by filing fresh representation before the Director, Primary Education, Education Department, Bihar, Patna (Respondent No. 3), along with all the necessary documents and details in support of her claim.

4. In view of the limited nature of prayer, this writ application is disposed of with liberty to the petitioner to file representation before the Director, Primary Education, Education Department, Bihar, Patna (Respondent No. 3) along with all the necessary documents and details in support of her claim within a period of six weeks from today.

5. In the event the petitioner files her representation within the stipulated period, the Director, Primary Education, Education Department, Bihar, Patna (Respondent No. 3) shall dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order and if the claim of the petitioner is found genuine, all the consequential benefits must be extended to her. The entire exercise must be completed within a period of six months from the date of filing of the representation.

(Prabhat Kumar Singh, J) shashank/- U