Nawal Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7363 of 2025 ====================================================== Nawal Kishore Prasad Son of Late Nand Lal Prasad, Resident of VillageChhakuri Bigha, Police Station- Wen (Silaw), District - Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Human Resources Development, Government of Bihar, New Secretariate, Patna. 2.

The Director Primary Education Bihar, Patna.

3.

The Commissioner, Patna Division, Patna.

4.

The Regional Deputy Director of Education, Patna. 5.

The District Magistrate, Nalanda.

6.

The District Education Officer, Nalanda.

7.

The District Programme Officer (Establishment) Nalanda. 8.

The Block Education Officer-Cum-Drawing Disbursing Officer, Ashthama, District Nalanda.

9.

The Headmaster Utkarmit Middle School, Basti Harnaut, Nalanda. 10.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Respondent/s :

Mr. Raghwanand, GA- 11 Mr. Prabhat Kumar, AC to GA- 11 For the A.G.

:

Mrs. Nivedita Nirvikar, Sr. Advocate Mr. Shashank Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 06-05-2025 Head learned counsel for the parties.

2. The petitioner, who retired as Assistant Teacher from Middle School, Chhakuri, Bigha, Block- Rajgir, District - Nalanda on attaining the age of superannuation is aggrieved by the nonpayment of the Second and Third ACP of the petitioner, despite, the same having been sanctioned by an order dated 28.06.2023,

Patna High Court CWJC No.7363 of 2025 dt.06-05-2025 2/3 vide Memo No. 2509 issued by the District Programme Officer (Establishment), Nalanda, annexed as Annexure - P-2 in the writ petition.

3. The order dated 28.06.2023, issued by the District Programme Officer (Establishment), Nalanda is an order, whereby, sanction for the Second and Third ACP has been accorded to as many as 134 retired teachers.

4. The petitioner's name is at serial No. 84 of the aforesaid order dated 28.06.2023.

5. Since, it appears from the document annexed as Annexure P-2 in the writ petition, namely, order dated 28.06.2023, issued by the District Programme Officer (Establishment), Nalanda, that sanction has already been accorded for payment of Second and Third ACP to as many as 134 retired employees including the petitioner, this writ petition is hereby disposed of, at this stage itself, with a direction to respondents, more particularly the respondent Nos. 6 and 7 / District Education Officer, Nalanda and District Programme Officer (Establishment), Nalanda, respectively, to pay the petitioner, the Second and Third ACP as sanctioned by the order dated 28.06.2023, vide Memo No. 2509 issued by the District Programme Officer (Establishment), Nalanda, if the said order is correct and authentic.

Patna High Court CWJC No.7363 of 2025 dt.06-05-2025 3/3

6. The payment as directed above, shall be made within a period of four weeks' from the date of receipt / production of a copy of this order.

(Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.05.2025 Transmission Date NA