Patna High CourtCWJC/18724/2014disposed

Md. Shamshad Khan v. The State Of Bihar And ORS

2019-01-28Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18724 of 2014 ====================================================== Md. Shamshad Khan son of Shanshul Haque Khan, r/o Village Piro, PS Haspura, District Aurangabad ... ... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna

3. The Secretary -cum- Commissioner, Department of Finance, Govt. of Bihar, Patgna

4. Director, Consolidation, Govt. of Bihar, Patna

5. Deputy Director, Consolidation, Buxar

6. Commissioner, Bhagalpur Dkivision, Bhagalpur

7. District Magistrate -cum Collector, Buxar

8. Under Secretary, Personnel Claim Cell (Finance) Bihar Patna

9. Accountant General, Bihar, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Kumar Singh For the State : Mr. Gyan Shankar, AC to GP 2 For A.G.

Mr. L.P.K.Rajgrihar, Standing Counsel ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-01-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The claim of the petitioner for revised scale of second ACP with effect from 15.1.2010 in pay grade 5400 and 3rd ACP with effect from 19.1.2012 in pay grade 6600, is held up for want of ACR for a particular period.

The writ petition was filed in the year 2014. On 31.8.2015 the Joint Secretary in the Department of Revenue and Land Reforms, requisitioned the ACP of the petitioner for the period 2004 to 2009 from Chakbandi Directorate. Till today, as

Patna High Court CWJC No.18724 of 2014(2) dt.28-01-2019 2/2 it is submitted by the petitioner, for want of ACP for the said period grant of benefits due and admissible to him under the two heads mentioned herein above, at par with beneficiaries of office order dated 21.1.2015, is pending.

Since the matter is being protracted unnecessarily, this Court would observe that the claim be finally decided and the authorities should ensure that the benefits admissible and due to the petitioner are made available to him and issue order/direction for grant of said benefits within a period of eight weeks from the date of receipt/production of a copy of this order.

The writ petition is disposed of.

It is needless to say that the consequential monetary benefits should also be made available to the petitioner within a period of one months thereafter.

(Madhuresh Prasad, J) SNkumar/- U