Parmanand Jha, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7114 of 2019 ====================================================== 1.
Parmanand Jha, Son of Kashinath Jha, resident of Village and P.O. Hanuman Nagar, Police Station- Sursand, District- Sitamarhi. 2.
Umesh Kumar Singh, Son of Late Surendra Prasad Singh, resident of Village and P.O.- Bishnupur Basudev, Police Station- Runnisaidpur, DistrictSitamarhi. 3.
Ram Naresh Thakur, Son of Late Ram Bilash Thakur, resident of Village and P.O. Haridularpur, Police Station- Sursand, District- Sitamarhi. 4.
Paras Nath Yadav, Son of Late Saryug Rai, Resident of Village and P.O. Sinkhindiya, Police Station- Runnisidpur, District- Sitamarhi. 5.
Raisul Haque, Son of Late Noor Mohammad, resident of Village and P.O. Kanhwa, Police Station- Bela, District- Sitamarhi. 6.
Raj Kishor Singh Son of Late Ram Ashray Singh, resident of Village and P.O. Garharwa, Police Station- Mejarganj, District- Sitamarhi. 7.
Umesh Sah, Son of Late Sitaram Sah, resident of Village- Simara, Police Station- Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Finance, Government of Bihar, Patna.
2.
The Joint Secretary, Department of Finance, Government of Bihar, Patna. 3.
The District Magistrate, Sitamarhi.
4.
The District Panchayat Officer Sitamarhi.
5.
The District Accounts Officer, Sitamarhi.
6.
The Block Development Officer Suppi, District- Sitamarhi. 7.
The Block Development Officer Dumra, District- Sitamarhi. 8.
The Block Development Officer Bajpatti, District- Sitamarhi. 9.
The Block Development Officer Sonbarsa, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :
For the Petitioners :
Mr. Jitendra Kumar Roy, Advocate For the Respondents :
Mr. Sarvesh Kumar (GP-24) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-04-2019 Heard the learned counsel for the parties.
Patna High Court CWJC No.7114 of 2019 dt.29-04-2019 2/3
2. The petitioner has approached this Court for a direction to the respondent authorities for granting the benefit of first ACP and MACP to the petitioner from particular dates which have been referred to in Paragraph1 of the petition. The representation which has been filed before the District Panchayat Officer, Sitamarhi has not been disposed of as yet.
3. Learned counsel for the petitioner has submitted that in case of Brajesh Kumar, (C.W.J.C. No. 9451 of 2013) whose case is exactly similar to that of the petitioner, a Bench of this Court vide order dated 05.08.2016 had directed for payment of the ACP to him without any delay.
4. Mr. Jitendra Kumar Roy, learned advocate for the petitioner submits that in view of such interpretation of the circular in that regard, an order with respect to the petitioner ought to be passed by the District Panchayat Officer, Sitamarhi as early as possible, preferably within a period of three months.
Patna High Court CWJC No.7114 of 2019 dt.29-04-2019 3/3
5. For expediting the process of consideration of the claim of the petitioner, the petitioner is directed to make a fresh representation before the District Panchayat Officer, Sitamarhi (respondent no. 4) within a period of four weeks from today enclosing a copy of this order, as also the order dated 05.08.2016 in C.W.J.C. No. 9451 of 2013 on receipt of which, the concerned respondent shall dispose of the representation of the petitioner within a period of six weeks thereafter. If the claim of the petitioner is found to be tenable, necessary sequel order shall be passed within the aforesaid stipulated time.
6. With the aforesaid direction/observation, the writ petition is disposed of.
(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date