Kamal Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5852 of 2017 =========================================================== Kamal Prasad Singh, son of Late Ram Badan Singh, resident of Village- Pasaur, P.S.- Charpokhari, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Primary Education, Government of Bihar, Patna.

3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4. Director, Primary Education, Government of Bihar, Patna.

5. District Education Officer, Bhojpur, Ara.

6. District Programe Officer (Establishment), Bhojpur, Ara. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Respondent/s : Mr. Madanjit Singh, GP-20 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 29-03-2018 Heard learned counsel for the petitioner and State. Despite order dated 13.12.2017 neither the counter affidavit has been filed nor the grievance of the petitioner has been redressed.

The present writ application has been filed by the petitioner for a direction to the respondents for grant of 2nd ACP w.e.f. 01.03.2005 with statutory interest and also for grant of pay scale of Senior Selection Grade.

Learned counsel for the petitioner has referred to Annexure-1, the representation filed by the petitioner before the District Education Officer, Bhojpur, Ara. The respondent District

Patna High Court CWJC No.5852 of 2017 dt.29-03-2018 2/2 Education Officer is sitting tight over the matter and till date he has not taken any decision.

In view of the above, the writ application is disposed of with a direction to the District Education Officer, Bhojpur, Ara to consider the representation of the petitioner and dispose of the same by a reasoned and speaking order within a period of 60 days from the date of receipt/production of a copy of this order. In the event, the respondent District Education Officer, Bhojpur, Ara finds substance in the claim of the petitioner for grant of benefit of ACP/MACP, necessary order granting such benefit must be passed by the respondent within a further period of 60 days from the date of decision and respondents are required to ensure all consequential benefit arising out of such decision within the time as indicated above.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.04.2018 Transmission Date