← Library
Patna High CourtCWJC/23138/2011allowed

Nirmala Sinha v. The State Of Bihar And ORS

2024-03-11Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23138 of 2011 ====================================================== NIRMALA SINHA W/O Late Sada Nand Prasad Singh At Present Resident Of C/o Rajesh Kumar Sinha (Advocate), C/O Anjani Kumar Sinha Advocate, New Area (Behind Town P.S.), P.S. - Nawada, District - Nawada ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Commissioner, Magadh Pramandal. Gaya 3.

The Secretary, Finance Department, Bihar , Patna Having His Office At Secretariate, Patna 4.

The Accountant General (A and E) Bihar, Patna Having His Office At Virchand Patel Path, Patna 5.

The District Magistrate, Cum-Collector, Nawada 6.

The Treasury Officer, Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Banwari Sharma, Advocate : Mr.Sanjay Kumar Sinha, Advocate For the Respondent/s :

Mr.Ram Kinkar Chaubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 11-03-2024 Heard Mr, Banwari Sharma, learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. The present writ application has been filed directing the respondents to grant 1st A.C.P. to the deceased husband of the petitioner who was employee of Collectorate, Nawada w.e.f. 1999 in the light of A.C.P. Rule, 2003.

3. Learned counsel for the petitioner submits that the husband of the petitioner was entitled for 1st A.C.P. but he has not been given the benefit of 1st A.C.P. and the husband of the

Patna High Court CWJC No.23138 of 2011 dt.11-03-2024 2/3 petitioner was died in the year 2008. Thereafter the petitioner has approached the respondent No.5 to consider the case of the husband of the petitioner with respect to A.C.P. benefit.

4. During pendency of the writ application the State has filed the counter affidavit bringing on the record the proceeding of the District Screening Committee which was held on 09.07.2014 by which the claim of the petitioner for grant of 1st A.C.P. has been rejected. Thereafter the petitioner has filed the I.A.No.01 of 2023 by which she has challenged the decision of the District Screening Committee dated 09.07.2014 with respect to the petitioner.

5. Learned counsel for the petitioner submits that the reason assigned in the rejection meeting dated 09.07.2014, it appears that the State -respondents has rejected the claim of the petitioner on three grounds, first non-confirmation of service, second lack of Annual Confidential Report of three years and third break in question.

6. Learned counsel for the petitioner submits that if there is any break of service the Accountant General has not issued the full pension in favour of the late husband of the petitioner and with respect to other grounds as mentioned in the rejection meeting dated 09.07.2014 that non-confirmation of service and lack of A.C.R. of three preceding years is not a job of the husband of the

Patna High Court CWJC No.23138 of 2011 dt.11-03-2024 3/3 petitioner it is upon the respondent authority to enter in the service book of the petitioner in time and due to inaction of the respondent authorities the husband of the petitioner is not getting benefit of 1st A.C.P. Learned counsel for the petitioner has relied upon a judgment of the Hon'ble Supreme Court in the case of Amresh Kumar Sinha & Ors Vs. The State of Bihar & Ors arising out of SLP (C) Nos. 8219-8226 of 2019, alongwith arising out of SLP (C) 9666 of 2019 and arising out of SLP (C) No.11772-11773 of 2019.

7. In view of order dated 09.07.2014 with respect to the petitioner is set aside and the State-Authority is directed to pay the benefit of 1st A.C.P. alongwith all consequential benefits to the husband of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order.

8. Accordingly, this writ application stands allowed. (Rajesh Kumar Verma, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.03.2024 Transmission Date NA