← Library
Patna High CourtCWJC/6904/2023disposed

Shiv Bachan Singh v. The State Of Bihar

2023-11-03Justice Smt. G. Anupama Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6904 of 2023 ====================================================== Shiv Bachan Singh S/o- Nandu Singh Resident of Village- Gothahula, P.S.- Ara (Mufassil), District- Bhojpur at Ara, PIN- 802312. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Government of Bihar, Patna.

2.

The Joint Secretary, Department of Finance, Government of Bihar, Patna. 3.

The District Magistrate, Bhojpur at Ara.

4.

The District Panchayat Officer, Bhojpur at Ara. 5.

The Block Development Officer, Piro, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanesh Shankar Vidyarthi For the Respondent/s :

Mr.Sarvesh Kumar (Gp24) ====================================================== CORAM: HONOURABLE JUSTICE SMT. GUNNU ANUPAMA CHAKRAVARTHY ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. It is specific contention of the learned counsel for the petitioner that after retirement the petitioner has come to know that on 13.11.2009 the District Establishment Committee, Bhojpur, Ara decided to grant ACP benefits to the Panchayat Secretaries in the light of the Letter No.- 2015 dated 18.05.2009. In this regard, list was also prepared for grant of the same who were working along with the petitioner from the date of joining but in the said list petitioner's name was not found. It is also the contention of the petitioner that before retirement the petitioner

Patna High Court CWJC No.6904 of 2023(2) dt.03-11-2023 2/3 requested the authority concerned for his ACP 1 and 2 benefits and he was assured by the authority. But in spite of that he could not receive the said benefits.

3. It is also contended by the learned counsel for the petitioner, in the similar case one Mr. Vijay Kumar Dubey approached this Court vide C.W.J.C. No. 9093 of 2019, this Court has passed an order directing the respondents to dispose off the claim of the petitioner as expeditiously, without any undue delay preferably within a period of eight week, from the date of receipt of production of copy of the order. The learned counsel for the petitioner contends the same benefits may be extended to the petitioner.

4. Learned counsel for the respondents also admitted that this court has passed an order in favour of Vijay Kumar Dubey vide C.W.J.C. No. 9093 of 2019.

5. Without going into the merits of the case, this court is of the considered view as the petitioner has already approached the District Magistrate, Bhojpur, Arrah, in respect of his claims and the decision has yet to be taken by the District Magistrate, Bhojpur, Arrah, the benefit which was extended to Mr. Vijay Kumar Dubey may be extended to the petitioner also and, therefore, the authorities shall dispose off the claim of the

Patna High Court CWJC No.6904 of 2023(2) dt.03-11-2023 3/3 petitioner as expeditiously as possible within a period of eight weeks.

6. Accordingly, with the aforesaid observations, the writ petition stands disposed off.

(Gunnu Anupama Chakravarthy, J) amitkr/- U