Parwati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1844 of 2015 ====================================================== Parwati Devi Wife of Sri Baidyanath Chaudhary, Resident of West Jai Prakash Nagar, P.S - Jakkanpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Director-in-Chief, Health Services, Government of Bihar, Patna 2.

The Civil Surgeon, Arwal.

3.

The Incharge Medical Officer, Primary Health Center, Kaler, Arwal 4.

The District Provident Fund Officer, Jehanabad. 5.

The Accountant General Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithilesh Kumar Upadhyay, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG 13 Mr. Arya Achint, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2024 Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "That this writ application is being filed for a direction to authorities to grant benefits of all Assured Career Progressions in short ACP to the petitioner, which she is entitled to be given and thereafter be pleased to direct respondents to fix the pension in revised scale and to make payment of arrears of pension, current pension, arrears of salaries, revised gratuity, General provident Fund amount, leave salary and other consequential benefits with statutory interest to the petitioner and/or any other order/orders may be passed in the facts and circumstances of the case."

2. During pendency of the writ petition, the Apex Court in the case of Amresh Kumar Sinha & Ors. v. The State

Patna High Court CWJC No.1844 of 2015(4) dt.19-08-2024 2/2 of Bihar & Ors. (SLP (C) Nos. 8219-8226 of 2016) has held that grant of benefit of ACP/MACP is by way of financial progression and the same will not amount to giving regular promotion to the employee and later on the same was clarified by the Full Bench of this Court in case of Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017) and other analogous cases. As such, the petitioner, who has already superannuated, if so advise, may file a detailed representation before the appropriate authority to consider her case in light of the law laid down by the Apex Court in the case of Amresh Kumar Sinha (Supra) and the Full Bench of this Court in the case of Kamlanand Thakur (Supra).

3. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U