Dr. Arvind Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 10806 of 2014 =========================================================== Dr Arvind Kumar Sinha Son of Late Girija Shankar Prasad resident of MohallaRental Flat No 172, Kankarbagh Colony, Patna- 20 .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Dept of Human Resources Development, Bihar, Patna.

2. The Director, Mass Education- cum- Joint Secretary, Bihar, Patna.

3. The Regional Education Deputy Director, Human Resources Development Deptt, Saran, District- Chapra.

4. The District Education Officer (Establishment) Siwan.

5. The District Superintendent of Education, Siwan

6. The District Programme Officer (Establishment) Education, Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Subodh Prasad, Advocate For the Respondent/s : Mr Avinash Shekhar, AC to SC 6 =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 06-12-2017 On 15.12.2016, the State Counsel was directed to seek instructions whether the actual monetary benefit under third ACP as well as T A Bill of Rs 19,000/- of the petitioner had been paid to the petitioner or not.

2 Counsel for the State placed on record, by way of supplementary counter affidavit, that benefits under the third ACP, as claimed by the petitioner in paragraph 6 of his writ petition, has been paid to him along with the benefits arising out of pay revision in support of which Annexure F series has been placed on record. He

Patna High Court CWJC No.10806 of 2014 dt.06-12-2017 2/3 further submits that arrears of salary from 07.01.2009 to 31.01.2009 and 01.02.2009 to 11.02.2009 have also been paid to him which is evident from Annexure B and C of the first counter affidavit filed by the respondent-State.

3 He submits that now, by way of reply to the counter affidavit, the petitioner has raised a grievance regarding his entitlement to third ACP on higher pay band.

4 With respect to the petitioner's claim for T A Bill of Rs 19,000/-, counsel for the respondent-State has brought to the notice of this Court that the funds have not been made available. Therefore, the said payment has not been made till date. The District Programme Officer would be responsible to ensure payment of the said T A Bill of Rs 19,000/- for which the sanction has already been made by the competent authority within a period of four weeks from the date of receipt/production of a copy of this order.

5 Since the grievance raised by the petitioner in the writ petition has been redressed, as submitted by the counsel for the respondent-State, keeping this writ petition pending will serve no useful purpose. However, if the petitioner has any grievance subsequent upon the grant of the said benefits by the respondent-State, the petitioner would be at liberty to approach the authorities for redressal of his grievance, if he has not done so.

Patna High Court CWJC No.10806 of 2014 dt.06-12-2017 3/3 6 With the aforesaid liberty, the writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2017 Transmission Date NA