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Patna High CourtCWJC/9682/2020disposed

Ashok Kumar Singh v. The State Of Bihar

2022-01-07Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9682 of 2020 ====================================================== Ashok Kumar Singh Son of Late Chatradhari Prasad Singh Resident of Village- Sukki, P.S.- Khajauli, District- Madhubani. `... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Director Panchayati Raj Department, Govt. of Bihar. 3.

Block Development Officer, Bisfi 4.

District Magistrate, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukund Mohan Jha, Advocate For the Respondent/s :

Mr. Ajay, GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned counsel for the petitioner is permitted to implead Block Development Officer, Bisfi and District Magistrate, Madhubani as Respondent nos. 3 and 4 respectively and incorporate them in the cause title of the petition. He is hereby directed to furnish two set of the petition to learned State Counsel, Mr. Ajay, GA 5.

In the instant petition, petitioner has prayed for the following reliefs:-

Patna High Court CWJC No.9682 of 2020 dt.07-01-2022 2/3 "(i) For issuance of the appropriate writ in nature of mandamus for issuance of last pay certificate (L.P.C.) of petitioner by competent authority i.e. Block Development Officer, Bisfi, Madhubani.

(ii) To issue the appropriate writ/order for payment of 1st and 2nd Assured Career Progression (A.C.P.) to the petitioner as petitioner is entitle for the same.

(iii) For grant of any other consequential or other relief/reliefs to which the petitioner found entitled in the eye of law."

Insofar as, first prayer relating to LPC is concerned, it has been redressed by the official respondent and what remains is whether the petitioner is entitled to first ACP or not? In this regard, matter is pending consideration before the official respondents. Therefore, the official respondent who has to decide whether the petitioner is entitled to first and second ACP, he is hereby directed to pass speaking order as to why the petitioner is not entitled. If he is entitled the same shall be calculated and disbursed and if he is not entitled in that event a reasoned order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of three months from the date of receipt of this order.

Patna High Court CWJC No.9682 of 2020 dt.07-01-2022 3/3 With the aforesaid observations, the present petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFAR CAV DATE NA Uploading Date Transmission Date NA