Gainu Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2801 of 2016 ====================================================== Gainu Rai Son of Late Domai Rai Resident of village - Kamraili, P.O. - Parbhaili, P.S. - Kadwa, District - Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Katihar.

3.

The Superintendent of Police, Katihar.

4.

The Circle Officer, Kadwa, District - Katihar. 5.

The Treasury Officer, Katihar.

6.

The Provident Fund Officer, Katihar.

7.

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

For the State Mr. Avinash Kumar, AC to SC 15 For the Accountant General Mr. Raghwanand Mr. Kameshwar Pd. Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-08-2017 As no one has appeared on behalf of the petitioner, counsel for the State has filed the counter affidavit of respondent nos. 2 to 4 without service thereof on the petitioner which is taken on record.

Heard.

The petitioner superannuated from service on 31.12.2010 as Chaukidar in the office of the Circle Officer, Kadwa, Katihar. All retiral dues were paid to him except the GPF and the benefit of ACP.

In the counter affidavit it is stated that the petitioner has already been sanctioned and paid the GPF amount vide

Patna High Court CWJC No.2801 of 2016(3) dt.19-08-2017 2/2 communication dated 25.08.2011 (Annexture-B series). With regard to his claim for grant of benefit under the Assured Career Progression (ACP) Scheme, it is stated that the same is being examined by the State respondent(s) and shall be paid to him if found admissible within the shortest period of time. Considering the above, the writ application is disposed of directing the respondents, particularly the District Magistrate (respondent no.2) as well as the superintendent of Police (respondent no. 3) who shall, in consultation with each other, take appropriate decision on the claim of the petitioner for grant of ACP within one month from the date of communication of the order to both the aforesaid respondents.

Be it noted, the State Counsel has stated that he would inform the concerned respondents about the disposal of the present writ application.

(Kishore Kumar Mandal, J) HR/- U