Patna High CourtCWJC/7533/2016disposed

Devesh Kumar v. The State Of Bihar And ORS

2018-03-27Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7533 of 2016 ====================================================== Devesh Kumar Son of late Umapati Sahay Resident of Mohalla- Pathak Ki Masjid PS Sultanganj, District Patna At Present posted as Accounts Clerk Building Division Jehanabad District Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar , through Principal Secretary, Building construction Department Vishwareshwaraya Bhawan, Patna.

2. The Superintending Engineer, Building Construction Department Building Anchal Gaya.

3. The Executive Engineer, Building Construction Department Building Division Jehanabad.

4. The Executive Engineer, Building Construction Department Building Division Jehanabad.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Mukul Prasad, Adv. For the Respondent/s : Mr. S.P.Yadav, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-03-2018 The petitioner has prayed for grant of ACP which though has been granted to him vide order bearing Memo No. 847 dated 3.8.2017 of the Executive Engineer brought on record vide Annexure 3 to the interlocutory application bearing I.A.No. 326/2018 but this order does not satisfy the petitioner because it grants him financial benefit from 15.6.2016.

Having heard learned counsel for the parties and considering that the prayer of the petitioner for grant of ACP has since been accepted and order passed bearing Memo no. 847 dated 3.8.2017, any dispute arising therefrom, either on the issue of date of accrual or on issue of date of grant of financial benefit, may be

Patna High Court CWJC No.7533 of 2016 (2) dt.27-03-2018 raised by the petitioner before the Executive Engineer, Building Construction Department, Building Division, Jehanabad, who shall consider and dispose of the same in accordance with law within a period of three months from the date of receipt/ production of a copy of this order.

The writ petition and the interlocutory application are disposed of.

(Jyoti Saran, J) Surendra/- U