Patna High CourtCWJC/20226/2011disposed

Satish Kumar v. The State Of Bihar And ORS

2015-12-02Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20226 of 2011 =========================================================== Satish Kumar S/O Late Shoharai Singh R/O Village- Tarapur, P.O.- Ekangarsarai, Police Station- Ekangarsarai, District- Nalanda, At Present C/O - Karu Sao Mohalla Purvi Bharat, Nesr Rajgir Hotel, P.O.- Rajgir, Police Station- Rajgir, DistrictNalanda .... .... Petitioner/s

Versus

1. The State Of Bihar through The Principal Secretary, Water Resources Department, Patna

2. The Accountant General, Bihar, Patna

3. The Chief Engineer, Water Resources Department, Bhagalpur

4. The Superintendent Engineer, Irrigation Anchal, Sikandara-2, Jamui

5. The Executive Engineer, Irrigation Division, Sikandara, Jamui .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Rajeev Ranjan Sinha, Advocate For the State : Mr. Saroj Kumar Sharma, AC to AAG 5 For the Respondent No. 2 : Mr. Arun Kumar Arun, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 02-12-2015 Heard learned counsel for the parties.

It is not disputed at the Bar that all retiral benefits to the petitioner have been paid. However, learned counsel for the petitioner

Patna High Court CWJC No.20226 of 2011 dt.02-12-2015 2/2 submits that he has not been granted the benefit of ACP. Having considered the matter, the issue relating to ACP having not been agitated by the petitioner before the Court earlier despite the cause of action having arisen many years prior to filing of the present writ application, the Court is not in a position to pass any positive order for such consideration. Accordingly, the writ petition stands disposed off.

However, the petitioner shall be at liberty to approach the authority concerned for consideration of grant of ACP in accordance with law. If the petitioner files a representation in this regard within four weeks from today along with copy of this order, the same shall be considered and disposed off by the authority within two months thereafter.

(Ahsanuddin Amanullah, J) Anjani/- U