Santosh Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1668 of 2018 ====================================================== Santosh Kumar Sinha, S/o Late Balbhadra Nath, resident of Village and P.O.- Kadma, P.S. Katkamdag, District- Hazaribagh, JHARKHAND. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Mass Education, Govt. of Bihar, Patna. 4.

The Regional Deputy Director of Education, Patna Division, Patna. 5.

The District Education Officer, Nalanda.

6.

The District Programme Officer (Establishment), Nalanda. 7.

The Accountant General, Bihar, Patna.

8.

The Director, Secondary Education, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Lochan, Advocate For the Respondent/s :

Mr. Prabhakar Jha, GP-27 Mr. Umesh Narayan Dubey, AC to GP-27 For the AG : Mr. Raghwanand, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 30-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of Accountant General, Bihar, Patna.

2. A supplementary counter affidavit has been filed on behalf of Respondent No. 4 wherein at paragraph 5 it has been stated that vide Memo No. 1761 dated 27.12.2018, Annexure-C to the supplementary counter affidavit in the light of L.P.A. No. 599 of 2015 (Ramadhar Thakur Vs. The State of Bihar and others) the petitioner has been granted 1st and 2nd ACP and 3rd MACP with effect from 09.08.1999, 26.05.2005 and 26.05.2011 respectively.

Patna High Court CWJC No.1668 of 2018 dt.30-04-2019 2/2

3. However, learned counsel for the petitioner submits that although office order has been issued granting 1st and 2nd ACP and 3rd MACP but still monetary benefits flowing from it has not yet been granted.

4. Considering the nature of claim and the decision with regard to grant of 1st and 2nd ACP and 3rd MACP has been taken by the respondent authorities, the Respondent No. 6 the District Programme Officer (Establishment), Nalanda is directed to sanction the revised pension and other benefits flowing out of the said grant and submit the same within a period of three months to the office of the Accountant General, Bihar, Patna, which would be then sent by the Accountant General, Bihar, Patna to the Treasury Officer, Nalanda for its payment in the account of the petitioner within a period of one month thereafter. The entire exercise would complete within a period of 4 1⁄2 months from the date of receipt/ production of a copy of this order.

5. Writ application is, accordingly, disposed of. (Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2019 Transmission Date NA