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Patna High CourtCWJC/18731/2013dismissed

Vaishali Zila Amin Surveyar Union v. The State Of Bihar And ORS

2023-01-23Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18731 of 2013 ====================================================== Vaishali Zila Amin Surveyar Union S/O Late Muni Lal Ram R/O VillagePanapur, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue And Land Reforms Department, Govt. Of Bihar, Patna 3.

Commissioner Cum Secretary, Department Of Finance, Govt. Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the State :

Mr. Gyan Shankar, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-01-2023

1. No one appears for the petitoner.

2. The petitioner is an unregistered Union challenging and claiming ACP benefits to the cadre of Karamachari and Anchal Amin. The respondents have filed their counter-affidavit and raised the objection of maintainablity of writ petition at the behest of a union as granting of ACP is an individual right available to a person based on his service record. In other words, learned counsel submits that the granting of ACP is not automatic to all. One has to be eligible for promotion and then only the ACP in view of promotion can be granted. Keeping in view thereto, the writ petition filed by the Union would not be maintainable.

Patna High Court CWJC No.18731 of 2013(2) dt.23-01-2023 2/2

3. I have considered the submission. Taking into consideration that the writ petition has been filed by the Vaishali Zila Amin Survey Union without the same being recognized or registered with the respondents and without mentioning any particular facts of the members of the Union, claiming of the ACP would be not maintainable at their behest. Individual persons, would however be of course free to take up the matter before appropriate forum.

4. The writ petition is held to be not maintainable and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 21 U