Chandkali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10289 of 2024 ====================================================== Chandkali Devi W/o Late Tej Narayan Singh Resident of Village-Dhamar, P.O.-Dhamar, P.S.-Ara (Muffasil), District-Bhojpur at Ara. Pin-802156. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Principal Secretary Department of Finance, Govt. of Bihar, Patna.

2.

The Joint Secretary, Department of Finance, Govt. of Bihar, Patna. 3.

The Senior Accounts Officer, Office of the Accountant General (A and E), Bihar Mahalekhakar Bhawan Birchand Patel Path, Patna-800001. 4.

The District Magistrate, Bhojpur at Ara.

5.

The District Panchayat Officer, Bhojpur at Ara. 6.

The Block Development Officer Bihiya, District Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhanesh Shankar Vidyarthi, Advocate For the Respondent/s :

Mr. Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for a direction in the nature mandamus to the respondents to pay benefits under the Assured Career Progression in the scheme to the petitioner being the wife of the deceased employee after death during service on 31.08.2010 could not get the same in spite of several representations till death on 28.08.2020. For further direction to the respondents to grant benefits in the light of letter No.2015 dated 18.05.2009 whereby the Panchayat

Patna High Court CWJC No.10289 of 2024(2) dt.09-07-2024 2/2 Secretaries were also allowed the benefits of ACPs as per the decision taken by the District Establishment Committee, Bhojpur at Ara on 13.11.2009.

3. Learned counsel for the petitioner submits that she has filed representation for grant of ACP but State is silent on the representation. Therefore, he has filed this writ petition annexing orders which is annexed as Annexure-P/4 series in the writ petition and relief may be granted in the light of AnnexureP/4.

4. Learned counsel for the State submits that the Bihar Government has framed the Rule, namely, the Bihar Government Servant Grievances Redressal Rules, 2019 the petitioner ought to file his representation under the said Rule.

5. In that view of the matter, the writ petition is disposed off directing the petitioner to avail her remedy under the Bihar Government Servant Grievances Redressal Rules, 2019 and file representation within thirty days before the respondent concerned, who shall take a decision in this matter within 90 days from the date of receipt/production of a copy of this order along with representation.

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