Harihar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10631 of 2021 ====================================================== 1.
Harihar Singh Son of Late Suryadeo Singh resident of Village- Darbhanga, P.O.- Teldiha, P.S.- Madanpur and District- Aurangabad. 2.
Umesh Prasad Singh Son of Late Kesho Prasad resident of Village- Badal Bigha, Pirthu, P.S.- Salaiya and District- Aurangabad. 3.
Rajendra Prasad Singh Son of Late Sita Ram Singh resident of VillageHarigaon, P.S.- Uphara and District- Aurangabad. 4.
Birendra Prasad Srivastava Son of Late Shiv Vilash Lal resident of VillageKushudhi, P.O.- Darigaon, P.S.- Sasaram and District- Rohtas at Sasaram. 5.
Shyam Sundar Prasad Son of Late Keshwar Sao resident of MohallaBaratpur Akhada, P.S. and District- Aurangabad. 6.
Ravindra Kumar Singh Son of Late Balmiki Prasad Singh resident of Village, P.O. and P.S.- Pauthu and District- Aurangabad. 7.
Ram Sevak Singh Son of Late Udal Singh resident of Village- Sareya, P.O. and P.S.- Goh and District- Aurangabad.
8.
Virendra Kumar Dubey Son of Late Ramjee Dubey resident of VillageDurgapur, P.O.- Naudiha, P.S. and District- Rohtas at Sasaram. 9.
Surendra Prasad Son of Late Ram Dhani Ram, resident of Village- Nagina Tola, P.O.- Mahaddipur, P.S.- Fatuha and District- Patna. 10.
Narendra Pandey Son of Late Saryu Pandey resident of Village- Gordeeha, P.S.- Rafiganj and District- Aurangabad.
11.
Vijay Kumar Singh Son of Late Alakhdeo Singh resident of VillageMahuain, P.S.- Madanpur and District- Aurangabad. 12.
Dhruva Narayan Singh Son of Late Indradeo Singh resident of Village, P.O. and P.S.- Deo and District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
2.
The District Magistrate, Aurangabad.
3.
The Chairman, Zila Parishad, Aurangabad.
4.
The Chief Executive Officer Cum Deputy Development Commissioner, Zila Parishad, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Verma, Adv For the Respondent/s :
Mr. Prem Ranjan Raj, AC to SC-7 Mr. Nikesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
Patna High Court CWJC No.10631 of 2021(3) dt.18-09-2023 2/3 ORAL ORDER 18-09-2023 1.
Heard learned counsel for the petitioners and learned counsel for respondents.
2.
The petitioners claim to be employees of the Zila Parishad, Aurangabad.
3.
It is submitted that as a policy decision, the respondent-Zila Parishad has decided to grant the benefit of financial progression, as per the Assured Career Progression/Modified Assured Career Progression (ACP/MACP) scheme, applicable in State services. 4.
The learned counsel has handed over a copy of an order issued by the respondent-Zila Parishad dated 20-7-2022 bearing No. 415, copy of which is being kept on record, to submit that benefits of financial progression, accordingly, has been sanctioned.
5.
The learned counsel for the respondent-Zila Parishad submits that entitlement of the petitioners has to be examined individually. It is only if they are found entitled, the benefit can be granted.
6.
The learned counsel for the petitioners therefore submits that the petitioners would individually be submitting their claims for benefit of financial progression under the ACP/MACP scheme, in light of the order issued by the
Patna High Court CWJC No.10631 of 2021(3) dt.18-09-2023 3/3 respondent-Zila Parishad, dated 20-7-2022 (supra). 7.
If the petitioners make individual claims, relying upon their own entitlement within eight (8) weeks, the respondent authorities would consider the same in accordance with law and pass appropriate speaking orders thereupon within three months thereafter. The financial benefits, if found due, should also be paid within the same period.
8.
Writ petition is disposed of.
(Madhuresh Prasad, J) SUMIT/- U