Sri Bhagwan Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8916 of 2019 ====================================================== Sri Bhagwan Tiwary son of Late Bindeshwari Tiwary resident of Village and Post- Amahata, Police Station- Agiaon Bazar, Block- Piro, District- Bhojpur at Ara .... ... Petitioner

Versus

1.

The State of Bihar through 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 District Accounts Officer Bhojpur at Ara. 6.

The Block Development Officer- Bihia, Bhojpur at Ara. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Roy For the Respondent/s :

Ms. Rashmi Bharti, AC to (Sc21) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-05-2019 Matter has been listed today in the Summer Vacations as the learned Counsel for the petitioner was desirous for consideration of his case during vacation. The slip for listing was filed pursuant to notice dated 8th May, 2019, published prior to the Vacation. The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

Claim of the petitioner in the instant proceeding is for grant of benefits under the assured career progression scheme. It is submitted that the petitioner has approached the District Magistrate, Bhojpur, Arrah for the said relief. It is

Patna High Court CWJC No.8916 of 2019(3) dt.30-05-2019 2/2 submitted by petitioner's Counsel that the petitioner has retired in January 2016 and that the petitioner had become entitled for grant of benefits of first ACP from 16.6.2008 for which he has made his claim. He submits that on the said date neither any charge memo or charge-sheet had been issued against him and there is no impediment for grant of the said benefit. Without going into merits of the said submission and since it is submitted that the petitioner has already approached the District Magistrate, Bhojpur, Arrah, in respect of the said claim, parties agree that the decision has to be taken by the District Magistrate, Bhojpur, Arrah.

In the circumstances, the writ petition is disposed of with a direction to respondent No. 3 to dispose of the claim of the petitioner expeditiously, without any undue delay and preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

It is made clear that the dues, if found admissible, should also be paid within four weeks thereafter. The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U