Ram Bilas Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16639 of 2013 ====================================================== Ram Bilas Prasad S/O Late Dukhi Das Resident Of Village - Jana, P.O. Jana, P.S. Aasthawan, District - Nalanda, Presently Posted As Panchayat Sachiv Sarmera Block Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Nalanda 3.

The District Panchayat Raj Officer, Nalanda 4.

The Block Development Officer, Sarmera, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Respondent/s :

Mr. Parth Sharthi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-01-2023

1. Learned counsel for the petitioner has prayed as under:

"A. Issuance of writ in the nature of Mandamus commanding the Respondents to grant first and Second Assured Carrier progression(A.C.P)/ M.A.C.P. to the petitioner who is entitled since 10.05.2003.

B. The Respondents are further be directed to pay the entire arrears of difference of salary and consequencial benefits from the date of his entitlement of A.C.P. / M.A.C.P.

C. To grant such other relief or reliefs for which the petitioner is entitle too as well as interes/ penal interest and Litigation cost."

Patna High Court CWJC No.16639 of 2013(2) dt.16-01-2023 2/3

2. Learned counsel for the petitioner submits that he does not has instructions as to whether within the pendency of this petition, A.C.P. has been granted or not to the petitioner.

3. This Court in Chandrakant Vs. The State of Bihar and Ors. dated 23.09.2022 in C.W.J.C. No. 2783 has held as under:

"31. In view of the above, the contention raised by the petitioners of having benefit of ACP Scheme or MACP Scheme fails and the order passed by the respondents, dated 10.11.2020 and consequential orders thereto are upheld holding that the petitioners would only be entitled to the benefits grnted to them under Circular, dated 16.11.2000.

32. However, it is further held that the petitioners and other teachers who were wrongfully granted benefit of ACP/MACP would have to get their pay fixation revised and if they have retired, their pension would also be accordingly revised.

But, no recovery shall be made for the extra amount which they have received"

4. From above, it is apparent that the petitioner was not entitled to first or second A.C.P. and M.A.C.P., but the same

Patna High Court CWJC No.16639 of 2013(2) dt.16-01-2023 3/3 has been released during the pendency of this writ petition. The same is not being recovered.

5. The writ petition stands disposed of accordingly. (Sanjeev Prakash Sharma, J) Suraj/- Item No. 37 U