Uday Shankar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24115 of 2013 ===========================================================

1. Uday Shankar Mishra S/O Late Kamla Pd. Mishra R/O Mohalla- Noorpur, P.S.- Malsalami, District- Patna, Bihar .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Human Resources Development Department, New Secretariat, Patna

2. The Director Secondary Education, New Secretariat, Patna

3. The Regional Deputy Director Of Education, Patna Division, Patna

4. The District Education Officer, Patna

5. District Programme Officer, (Establishment), Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate. For the Respondent/s : Mr. Amaresh Kumar Sinha, AC to GA 9. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 07-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner has prayed for grant of 2nd and 3rd ACP as well as consequential financial benefits. As per petitioner, he has joined on the post of clerk on 12.12.1974 and also superannuated from service. As per claim of the petitioner he is entitled for 2nd and 3rd A.C.P. This Court is not giving any opinion on the merit of the case as he has filed representation before District Programme Officer (Establishment), Patna.

The District Programme Officer (Establishment), Patna is

Patna High Court CWJC No.24115 of 2013 dt.07-04-2016 directed to consider the case of the petitioner and pass a reasoned order. While considering the case of 2nd and 3rd A.C.P. the authority concerned will also examine the grievance of the petitioner that he has not been granted financial benefit from 1.1.2006 to 31.7.2010 arising from Ist A.C.P.. For the convenience the petitioner is directed to file a detailed representation annexing a copy of the present order before the District Programme Officer (Establishment), Patna who will consider the case of the petitioner and pass a reasoned order within a period of three months from the date of filing of the representation.

With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U