Sheo Nath Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19061 of 2015 ====================================================== Sheo Nath Mahto Son of Late Khedu Mahto, Resident of Village- Chakwara, P.S.- Pipra, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Human Resource Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Human Resources Department, Govt. of Bihar, Patna.

4.

The District Education Officer, East Champaran, District- East Champaran at Motihari.

5.

The District Programme Officer Establishment, District- East Champaran at Motihari.

6.

The Block Education Officer, Chakia Block, District- East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Bhola Kumar, Advocate :

Mr. Ravi Shankar, Advocate For the Respondent/s :

Mr.SC9- Kinkar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2024 1.

Heard learned counsel for the parties concerned. 2.

The petitioner has filed the present writ application for grant of 2nd A.C.P./ M.A.C.P.

3.

Learned counsel for the State, referring to para 7 of the supplementary counter affidavit, submits that now, M.A.C.P. scheme has been implemented vide Memo no. 1071 dated 07.10.2021 for Assistant Teachers and Headmasters of the Government Primary Schools. In terms of the aforesaid Memo no. 1071, the District Education Officer, East Champaran,

Patna High Court CWJC No.19061 of 2015(6) dt.07-05-2024 2/3 Motihari, vide letters no. 4663 and 4760 dated 29.10.2021 and 18.11.2021 respectively, has directed the concerned Teachers to submit their application forms for grant of benefit of M.A.C.P. Scheme, however the petitioner has not submitted his application in this regard.

4.

The petitioner has retired as Graduate Trained Teacher on 31.05.2011. The Office of the District Education Officer, East Champaran, Motihari, vide letter no. 2551 dated 31.03.2024, has directed the petitioner to submit his application along with the relevant documents for grant of benefit of M.A.C.P. Scheme but the same has not been submitted by the petitioner. It is submitted that as soon as the application of the petitioner is received, the entitlement of the petitioner under 2nd A.C.P./ M.A.C.P. shall be considered, in accordance with the provisions of law and the Government Circular, within a reasonable time frame.

5.

In view of the statement made by the respondent- State and taking into consideration the nature of prayer made in this writ application, the same is disposed with liberty to the petitioner to file a detailed representation, giving all the details, required for grant of 2nd A.C.P./ M.A.C.P. along with relevant documents, before the District Education Officer,

Patna High Court CWJC No.19061 of 2015(6) dt.07-05-2024 3/3 East Champaran, Motihari, within a period of two months from today and if such representation is filed, the District Education Officer, East Champaran, Motihari shall dispose the same by passing a reasoned order, in accordance with law, within a period of four months from the date of receipt of representation of the petitioner.

(Anil Kumar Sinha, J) rinkee/- U