Man Kunwar Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10248 of 2025 ====================================================== Man Kunwar Devi W/o Late Shyam Bihari Singh, Resident of Village- Jharia, Police Station- Chainpur, District Bhabhua (Kaimur) at present resident of C/o Ketan A Kothari, Mithanpur B Area, Near Indian Gym Police Station - Jakkanpur, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Secretary, Building Construction Department, Govt. of Bihar, Patna. 3.

The Deputy Secretary, Building Construction Department, Govt. of Bihar, Patna.

4.

The Deputy Secretary, General Administration Department, Govt. of Bihar, Patna.

5.

The Joint Secretary, Building Construction Department, Govt. of Bihar, Patna.

6.

The Engineer In Chief Cum Additional Commissioner Cum Special Secretary, Building Construction Department, Govt. of Bihar, Patna. 7.

The Chief Engineer, Building Construction Department, Govt. of Bihar, Patna.

8.

The Superintending Engineer, Building Construction Department Construction Department, Govt. of Bihar, Patna. 9.

The Executive Engineer, Advance Planning Division No. -2 Department Govt. of Bihar, Patna.

10.

The Assistant Engineer Advance Planning Division No.- 2, Building Construction Department, Govt. of Bihar, Patna. 11.

The Special Work Officer, Building Construction Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Arpana Kumari, Advocate For the Respondent/s :

Mr. M.N.H. Khan, SC-1 Ms. Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed by the

Patna High Court CWJC No.10248 of 2025(2) dt.07-07-2025 2/3 petitioner for a direction upon the respondents to grant the benefit of A.C.P. from the period of 1993 to 2015 along with statutory interest 16% per annum to the petitioner. The husband of the petitioner, namely, late Shyam Bihari Singh, had retired on 30.09.2015 from the post of Assistant Engineer, Advance Planning Division No.2, Building Construction Department, Government of Bihar, Patna.

3. Learned Counsel for the petitioner submits that for the payment of ACP, representation has been filed, which is Annexure-P/1 series, but till date no action has been taken on his representation.

4. Learned Counsel for the State submits that the relief which has been demanded by the petitioner has to be made by respondent No.2 and no such representation has been field before respondent No.2, the Secretary, Building Construction Department, Government of Bihar, Patna.

5. In that view of the matter, this writ petition is disposed off directing the petitioner to file representation before respondent No.2, the Secretary, Building Construction Department, Government of Bihar, Patna, within 30 days from today and respondent No.2, the Secretary, Building Construction Department, Government of Bihar, Patna, upon receiving the

Patna High Court CWJC No.10248 of 2025(2) dt.07-07-2025 3/3 representation shall pass order on the representation of the petitioner within 90 days thereafter.

(Dr. Anshuman, J) Mkr./- U