Lakhan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8232 of 2022 ====================================================== 1.

Lakhan Paswan Son of Late Aklu Paswan Resident of Mohalla- Ward No.- 6, Kahara, P.O.- Kahara, P.S. and District- Saharsa, Bihar. 2.

Ganesh Rajak Son of Late Singheshwar Rajak Residence of Mohalla- New Colony, Ward No.- 8, Saharsa, P.O. and P.S. and District- Saharsa, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Govt. of Bihar, Old Secretariat, Patna. 2.

The Director Integrated Child Development Service (in short ICDS), Ram Charitra Path, Boring Canal Road, Patna.

3.

The District Officer, Saharsa District- Saharsa. 4.

The District Programme Officer Saharsa, District- Saharsa. 5.

The Child Development Project Officer Sattar, Kataiya, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kr. Singh, Advocate Mr.Amit Anand, Advocate For the Respondent/s :

Mr.S.K. Mandal ( SC- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2024 The present writ petition has been filed seeking the following reliefs:- "2. I. That an appropriate writ or writs, direction or directions commanding the respondents to consider and grant the ACPs and MACPs in the light of the statutory Rules, 2003 and MACP Rule-2010.

II. That an appropriate writ or direction be also issued commanding the respondents to

Patna High Court CWJC No.8232 of 2022(2) dt.09-01-2024 2/3 consider and grant all the consequential benefits including the monetary benefits with statutory interest due to non-grant of the ACP/MACPs in due time."

2.

At the outset, the learned counsel for the petitioners has submitted that the petitioner no. 1 has already been granted the benefits of A.C.P./M.A.C.P. scheme, however, as far as the petitioner no. 2 is concerned, the respondents have stated in the counter affidavit filed in the present case that since the service book of the petitioner no. 2 is not complete, the respondents would consider the case of the petitioner for grant of the benefits of A.C.P./M.A.C.P. scheme, after the service book is updated. Nonetheless, the learned counsel for the petitioner no. 2 submits that the contention advanced by the respondent-State to the effect that the service book is not complete, is not correct inasmuch as the petitioner no. 2 is being paid pension, which can only be paid after the service book is complete in all respects. 3.

Having regard to the facts and

Patna High Court CWJC No.8232 of 2022(2) dt.09-01-2024 3/3 circumstances of the case, I deem it fit and proper to direct the District Officer, Saharsa to consider the case of the petitioner no. 2 for grant of the benefits of A.C.P./M.A.C.P. scheme by ensuring that the service book of the petitioner is updated in all respects, and accordingly pass orders, in accordance with law, within a period of six weeks of receipt/production of a copy of this order. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U