Ram Raksha Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.212 of 2017 =========================================================== Ram Raksha Mishra Son of Sant Ram Mishra resident of village - Sisai Ranipur, P.O. - Chawar, District - Gonda (U.P.), at present posted on Class IV post at the office of Child Development Project Officer, Pachrukhi, Siwan. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.

3. The Director, Directorate of Integrated Child Development Scheme, Patna.

4. The Deputy Director, Social Welfare Department, Saran Division, Chapra.

5. The District Magistrate, Siwan.

6. The District Programme Officer, Siwan.

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

For the Petitioner : Mr. Arbind Kumar Singh, Advocate Mr. R.K. Tiwary, Advocate For the State : Mr. Rajesh Kuamr, A.C. to G.P.3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 19-09-2017 Leave is granted to the learned counsel for the petitioner to make correction in paragraph-1 of the writ petition during the course of the day.

The petitioner prays for grant of A.C.P. benefits which according to him has been denied.

Learned counsel for the petitioner with reference to the recommendations at Annexures 2 and 3 submits that although the petitioner has been found eligible for grant of such benefit by the Child Development Project Officer but yet the benefit has not been granted. Learned counsel for the petitioner has submitted that the

Patna High Court CWJC No.212 of 2017 dt.19-09-2017 2/2 petitioner has been in service for three decades on Class-IV post in the office of the Child Development Project Officer but none is coming forward to dispose of his grievance except making recommendations. It is taking note of the circumstances that learned counsel for the State counsel was directed to ascertain the authority competent to take decision in relation to grant of benefit to the petitioner who holds the post of Peon in the office of Child Development Project Officer. Mr. Rajesh Kumar, learned Assisting Counsel to G.P.3 informs that the District Magistrate, Siwan would be the competent authority.

In the circumstances, this writ petition is disposed of with a direction to the District Magistrate, Siwan to consider the grievance of the petitioner for grant of benefit under the Assured Career Progression as prayed by the petitioner and dispose of the same in the light of the recommendations at Annexures 2 and 3 of the writ petition in accordance with law expeditiously and preferably within three months from the date of receipt/production of a copy of this order. (Jyoti Saran, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03-10-2017 Transmission Date