Abhay Kant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6755 of 2019 ====================================================== Abhay Kant Jha, Male, aged about 75 years, Son of Late Shardakar Jha, Resident of Village - Nauhar, Police Station- Gwalpara, District - Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Prohibition Excise and Registration Department, Govt. Of Bihar, Patna.

3.

The Inspector General of Registration, Prohibition Excise and Registration Department, Govt. of Bihar, Patna.

4.

The Assistant Inspector General of Registration, Prohibition Exist and Registration Department, Govt. of Bihar, Patna. 5.

The District Sub-Registrar, Saharsa.

6.

The District Sub-Registrar, Supaul, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Jha-3, Adv.

For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 24-04-2019 The petitioner is aggrieved by the fact that he has not been given the benefit of A.C.P. scheme even though he has retired after rendering several years of service on 31.01.2004 and during the entire tenure of his service,

Patna High Court CWJC No.6755 of 2019 dt.24-04-2019 2/3 he was never given any promotion.

2. Mr. Satish Chandra Jha, learned Advocate for the petitioner, has submitted that no Cadre Rules was in existence till the time the petitioner superannuated and insists that since he was not given promotion to any post, for the number of years that he has served, he would become eligible for payment of the financial benefits under the A.C.P. scheme.

3. The representation of the petitioner to that effect has been made before the Assistant Inspector General of Registration, Prohibition Excise and Registration Department, Govt. of Bihar, Patna, but the same has not yielded any result.

4. Under the aforesaid circumstances, this Court directs the petitioner to make a fresh representation before the Assistant Inspector General of Registration, Prohibition Excise and Registration Department, Govt. of Bihar, Patna (respondent No. 4), detailing his grievances, within a period of four weeks from today. On receipt of such representation, the concerned respondent, after verifying all

Patna High Court CWJC No.6755 of 2019 dt.24-04-2019 3/3 the facts, shall dispose off the same by a reasoned order in accordance with law within a further period of six weeks thereafter. In case, the claim of the petitioner is found to be tenable, necessary sequel order shall be passed within the aforesaid stipulated period.

5. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.04.2019 Transmission Date N/A