Patna High CourtCWJC/11607/2014disposed

Ram Chandra Prasad Verma v. The State Of Bihar And ORS

2018-08-28Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11607 of 2014 =========================================================== Ram Chandra Prasad Verma S/o Ram Saran Prasad Verma resident of Village - Dihra Bigha, P.S. - Makhdumpur, District - Jehanabad .... Petitioner

Versus

1. The State of Bihar

2. The Director, Health Services, Govt. of Bihar, Patna.

3. The Civil Surgeon-cum-Chief Medical Officer, West Champaran at Bettiah.

4. The District Magistrate, West Champaran at Bettiah.

5. The Accountant General (A & E) Bihar, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Jharkhandi Upadhyay, Advocate For the Respondents : Mr. Amar Nath Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 28-08-2018 Heard learned counsel for the petitioner and the respondent State.

It is submitted on behalf of the State that a clear and specific statement has been made in the counter affidavit filed on behalf of respondent no.3 that benefits of Assured Career Progression (ACP) has been found admissible in favour of the petitioner and the recommendation to this effect has been sent to the Regional Deputy Director, Health Services, Tirhuit Division for its sanction vide letter no. 1648 dated 4.9.2014 and as soon as the same is sanctioned by the competent authority, benefits of the ACP will be given to him.

In light of the averments made in counter affidavit filed on behalf of respondent no.3, a copy of which was served to

Patna High Court CWJC No.11607 of 2014 dt.28-08-2018 2/2 the counsel for the petitioner on 29.10.2015, the petitioner's counsel has no instruction as to whether actual payment has been made or not. In view of specific stand of the State Government as stated in the counter affidavit no further order needs be passed in the instant writ petition as there is no reason for this Court to presume that pursuant to recommendation made to the Regional Deputy Director, petitioner has been denied her dues. Prayer made in the writ petition has become infructuous. The writ petition is disposed of.

(Madhuresh Prasad, J) Shashi.

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