Man Mohan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15826 of 2013 ====================================================== Man Mohan Kumar Son Of Late Rameshwar Prasad Srivastava Resident Of Mohalla - Maripur, Power House Chauk, Mehta Compound, Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department Of Water Resources, Bihar, Patna 3.

The Chief Engineer, Department Of Water Resources, Balmiki Nagar, West Champaran, Bettiah 4.

The Chief Engineer, Department Of Water Resources Sichai Bhawan, Anishabad, Patna 5.

The Superintending Engineer, Tirhut Canal Circle Department Of Water Resources, Bettiah, West Champ 6.

The Accountant General, Bihar ,Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Subodh Kumar, AC to SC-26 For the AG, Bihar :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 26-10-2024 None appears on behalf of the petitioner, however, heard learned State counsel / respondent No. 1 to 5 and learned counsel for the Accountant General / respondent No. 6.

2. This writ petition has been filed for a direction to the respondent authorities to grant / sanction and payment of Assured Career Progression (A.C.P.) benefits to the petitioner and for payment of Rs. 13,742/- which was to be refunded to the petitioner by the respondent in the light of order dated 08.04.2002 passed in C.W.J.C. No. 15122 of 2001.

Patna High Court CWJC No.15826 of 2013 dt.26-10-2024 2/3

3. Insofar as the refund of Rs. 13,742/- to the petitioner is concerned, in paragraph No. 8 of the counter affidavit filed on behalf of respondent Nos. 1 to 5, it has been stated as under:- "8. That as far as a refund of Rs.

13742.00 is concerned the same has been refunded to the petitioner vide cheque no. 888723 and that the same has been received by him. The amount paid to the petitioner is 13742.00(leave enchashment = Rs. 28160..

(D.A Differences) i.e. a total of Rs. 16558.00"

4. Insofar as the payment of Assured Career Progression (A.C.P.) to the petitioner is concerned, in paragraph No. 5 of the supplementary counter affidavit filed on behalf of respondent Nos. 3 to 5, it has been stated as under:- "5. That it is stated further that the Chief Engineer, Water Resources Department, Valmikinagar allowed the benefit of 2nd A.C.P. to the petitioner with effect from 09.08.1999 in the higher pay scale of Rs. 5000-8000/- vide office order contained in memo no. 1025 dated 30.07.2014."

5. From perusal of the averments made by the respondents in the counter affidavit and the supplementary counter

Patna High Court CWJC No.15826 of 2013 dt.26-10-2024 3/3 affidavit filed, which has been highlighted hereinabove, I find that the petitioner's grievance have been redressed by the respondents.

6. Accordingly, this writ petition stands disposed of as infructuous.

(Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.10.2024 Transmission Date NA