Patna High CourtL.P.A/576/2016dismissed

The State Of Bihar And ORS v. Shyam Sundar Prasd Singh And ANR

2017-07-07The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.576 of 2016 Arising out of Civil Writ Jurisdiction Case No. 10975 of 2008 ===========================================================

1. The State of Bihar

2. The Principal Secretary/Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna

3. The Engineer-in-Chief-cum- Additional Commissioner-cum-Special Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna 4.

The Chief Engineer (South), Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna

5. The Superintending Engineer, Building Construction Department, Patna Bhawan Anchal, Rajbanshi Nagar,, Patna

6. The Executive Engineer, Nalanda Bhawan Pramandal Biharsharif (Nalanda) .... .... Appellant/s

Versus

1. Shyam Sundar Prasad Singh, son of Late Ram Yatan Prasad Singh, resident of Mohalla- Magadh Colony, Bari Pahari, P.O.+P.S. Sohsarai, District- Nalanda

2. The Accountant General/A & E, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

For the Accountant General : Mr. Bindhyachal Rai, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-07-2017 None appears for the appellants. Sri Bindhyachal Rai for the Accountant General. Perused the records.

2. Delay of 137 days in filing of the appeal is condoned. I.A. No. 2578 of 2016 stands allowed and disposed of.

3. This is State's appeal under Clause 10 of the Letters Patent challenging a direction issued by the learned Writ Court

Patna High Court LPA No.576 of 2016 dt.07-07-2017 2/2 mandating the State and the department concerned to consider the case of the writ petitioner Sri Shyam Sundar Prasad Singh for grant of A.C.P.

4. On going through the records, we find that the learned Court has only directed for reconsideration of the matter under the A.C.P. Scheme based on benefit granted to similarly situated employees and take a decision within a period of three months. As the direction issued is only for reconsideration with certain observations, we find no reason to make any indulgence into the matter.

5. The Letters Patent Appeal stands dismissed. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.07.2017 Transmission Date