Nupendra Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6118 of 2024 ====================================================== Nupendra Kumar Dubey S/o Late Bodh Narayan Dubey, Resident of Mohalla - Ramjaipal Road, Aparna Bank Colony, Road No.- 12 A, Phase- 2, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Human Resource Department Govt of Bihar.

2.

The Additional Chief Secretary, Human Resource Department Govt of Bihar.

3.

The Director, Secondary Education, Govt of Bihar, Patna. 4.

The Regional Deputy Director, Secondary Education, Patna Division. 5.

The District Education Officer, Arrah, District - Bhojpur. 6.

The Head Master, Gandhi Rashtriya Praveshika Vidyalaya Bhatauli, Sandesh, District - Bhojpur.

7.

The Accountant General of Bihar, Veerchandra Patel Marg (near R Block), Patna.

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

For the Petitioner :

Mr. Nawnit Kumar Tiwary, Advocate For the State :

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

Dr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 25-09-2024 Heard learned counsels for the parties.

2. The petitioner has approached this Court for grant of 1st ACP and 2nd ACP and 3rd MACP to the petitioner for his entire service period since the year 1985.

3. The petitioner is stated to have retired in the year 2021 while working as Clerk in Gandhi Rashtriya Praveshika Vidyalaya Bhatauli, Sandesh, District Bhojpur.

Patna High Court CWJC No.6118 of 2024 dt.25-09-2024 2/2

4. The Assured Career Progression is paid to an employee on completion of ten years of service, who have not been given any promotion. Such benefit in the form of ACP and MACP are given to the employee during the service tenure of an employee.

5. The petitioner if at all was entitled to ACP and MACP during his service tenure, he ought to have approached this Court while he was in service.

6. Since the petitioner is stated to have retired in the year 2021 on attaining the age of superannuation, I am of the view that this writ petition is hit by delay and laches in approaching this Court for a direction to the respondents to pay ACP and MACP to the petitioner.

7. Accordingly, the writ petition is dismissed. (Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 26.09.2024 Transmission Date N.A.