Basudeo Sah v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11303 of 2013 ====================================================== Basudeo Sah Son of Late Munga Sah, resident of village - Rajni Pratapnagar, P.S.- Murliganj, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary Old Secretariat, Bihar, Ptana.
2. The Principal Secretary, General Administrative Department, Government of Bihar, Patna.
3. The Accountant General, Bihar, Patna.
4. The Commissioner, Koshi Division, Saharsa.
5. The District Magistrate, Saharsa.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Adv. For the State : Mrs. Abhanjalli, AC to GA-12 For the A.G. Mr. Kumar Priya Ranjan and Mrs. Gunja, Advs. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking the benefit of A.C.P. in terms of 2003 Scheme which has been made effective with effect from 09.08.1999.
The short fact of this case is, the petitioner had joined the service as an Assistant in the Collectorate, Madhepura on 14.04.1966 and superannuated from service on 30.09.2001. The counsel for the petitioner submits that as 2003 Scheme has been made effective with effect from 9.8.1999, the petitioner is entitled to the benefit of A.C.P. in terms of the said scheme, for that, he has already filed a representation before the
Patna High Court CWJC No.11303 of 2013 (2) dt.12-08-2016 2/2 District Magistrate, Madhepura which is pending for consideration.
In such view of the matter, the petitioner is directed to file a fresh representation giving details of the fact along with a copy of this order. If such representation is filed, the District Magistrate, Madhepura will be obliged to pass a reasoned order within a period of six months from the date of filing of the representation. While passing the order, he will also consider the matter with respect to the criminal case and departmental proceeding pending against him, if any.
(Shivaji Pandey, J) Mahesh/- U