Akhaury Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13758 of 2019 ====================================================== Akhaury Sushil Kumar S/o Late Akhaury Damodar Prasad Resident of Village- Seora, P.O.- Phulwaria, District- Gaya, Bihar at present C/o Pramod Kumar Singh (Mukhia) Shastri Nagar, Road No.-2, Sikaria More, P.S.- Rampur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Divisional Commissioner, Magadh Division, Gaya.

2.

The Collector cum District Magistrate Gaya.

3.

The Sub- Divisional Officer Sadar, Gaya.

4.

The Block Development Officer Gaya.

5.

The Treasury Officer Gaya.

6.

The Accountant General and (A and E) Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Prasad For the Respondent/s :

Mr. Sarvesh Kumar ( GP24 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-07-2019 Heard the learned counsel for the parties.

The petitioner stands aggrieved by the fact that despite the grant of 1st and 2nd A.C.P. to him from 09.08.1999, the monetary equivalent of the same after refixation of his salary and pension has not been done.

Patna High Court CWJC No.13758 of 2019(2) dt.11-07-2019 2/3 The petitioner joined service as an Assistant in the year 1971 and retired from Belaganj Block on 30.09.2009. The petitioner hitherto was being paid his pension on the basis of the last pay received by him. However, on the representation of the petitioner before the Collector, a meeting of Screening Committee was held which recommended for giving the petitioner the benefit of 1st and 2nd A.C.P. with effect from a particular date. After the aforesaid recommendation also, the salary of the petitioner has not been fixed and, therefore, no advantage has accrued to the petitioner with respect to his pension which he is getting on the old scale.

Several representations of the petitioner have gone unheeded.

The petitioner, under the aforesaid circumstances, is directed to make a detailed representation before the Collector - cum - Distrcit Magistrate, Gaya (Respondent No.

2) within a period of four weeks, who, on receipt of the same, shall look into the matter, verify the facts and if the claim of the petitioner is found to be tenable, pass/cause to

Patna High Court CWJC No.13758 of 2019(2) dt.11-07-2019 3/3 be passed a reasoned order in accordance with law, within a further period of eight weeks thereafter.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U