Ajay Kumar Sinha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1692 of 2013 ======================================================

1. Ajay Kumar Sinha Son Of Late Mukund Prasad Resident Of Mohalla - Magadh Colony Deep Bhawan, Road No. 7d, Police Station - Medical College, District - Gaya, Presently Posted As Statistical Assistant At District Programme Office, Aurangabad

2. Babu Lal Singh Son Of Late Karu Prasad Singh Resident Of - C/O Dinesh Prasad Singh, Mohalla Ram Nagar, Near Agarwal Petrol Pump, Post Office - Nawada, District - Nawada. Presently Posted As Statistical Assistant At Child Development Project Office, Halsi, Lakhisarai

3. Subansh Sao Son Of Late Gulabehand Sao Resident Of Mohalla - Chotki Delha Tekari Road, Post Office And Police Station - Gaya, District - Gaya, Presently Posted As Statistical Assistant At Child Development Office Madanganj, Jehanabad

4. Meheswari Prasad Sinha Son Of Late Bisheshwar Prasad Sinha Resident Of And Post Office - Bhore-Via-Buniyadganj, Police Station Mufasil, District - Gaya, Presently Posted As Statistical Assistant At Child Development Project Office, Navinagar, Aurangabad

5. Bijay Shankar Prasad Son Of Late Bhagwati Sharan Resident Of Mohalla - Ashok Bihar Colony Near Bypass Road, Maranpur, Police Station - Civil Line, District - Gaya, Presently Posted As Statistical Assistant At Child Development Project Office, Bodh Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna

2. The Principal Secretary, Department Of Social Welfare, Government Of Bihar, Patna

3. The Director, I.C.D.S. Directorate, Social Welfare Department, Government Of Bihar, 2nd Floor, Indra Bhawan, Ram Chandra Singh Road, Patna

4. The Divisional Commissioner, Magadh Division, Gaya

5. The Deputy Director, Social Welfare, Magadh Division, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr. Anuj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-08-2016 An interlocutory application vide I.A. No. 6200 of 2013 has been filed stating therein that during pendency of this writ

Patna High Court CWJC No.1692 of 2013 (12) dt.23-08-2016 petition, Babu Lal Singh, petitioner no.2 has died. In such view of the matter, counsel for the petitioners submits that his name be deleted/expunged and liberty may be given to the legal heirs/successors to agitate grievances before the appropriate authority/forum.

Accordingly the name of petitioner is expunged and I.A. No.6200 of 2013 is disposed of.

Ultimately the issue which has been raised by the petitioners about their entitlement of first ACP and second ACP has been resolved in view of office order dated 13th August, 2016 by which petitioners have been granted first ACP and second ACP from respective date. But learned counsel for the petitioners submits that in the notification there is no averment with regard to payment arising out of granting of two ACP's. As they have been given benefit of first ACP and second ACP they are naturally entitled to monetary benefit. Petitioners are right if the State has granted the benefit of ACP's naturally they are entitled for consequential financial benefit.

This Court directs petitioners be given financial benefit of two ACP's within a period of three months from the date

Patna High Court CWJC No.1692 of 2013 (12) dt.23-08-2016 of receipt/production of a copy of this order. With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U