Rakesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10407 of 2023 ====================================================== Rakesh Kumar Chaudhary Son of Late Ram Nandan Chaudhary Resident of Village- Dharamapur, P.O.- Bhitha Dharampur, P.S.- Pupari, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

3.

The District Education Officer, Sitamarhi.

4.

The District Programme Officer (Establishment), Sitamarhi. 5.

The Treasury Officer, Sitamarhi.

6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Ram Sagar Singh, Advocate For the State :

Mr. Madhaw Pd. Yadaw (GP-23) Ms. Meera Singh, AC to GP-23 For the A.G.

:

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-09-2023 Heard Mr. Ram Sagar Singh, learned counsel appearing on behalf of the petitioner; Mr. Madhaw Prasad Yadaw, learned GP-23 appearing on behalf of the State and Mr. Arun Kumar Arun, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the

Patna High Court CWJC No.10407 of 2023 dt.11-09-2023 2/3 petitioner seeks to file a detailed representation before the District Programme Officer (Establishment), Sitamarhi, for redressal of his grievance including sanction of his pension. He further submitted that the District Programme Officer (Establishment), Sitamarhi, may be directed to redress the grievance of the petitioner in light of judgment dated 23.09.2022 passed in CWJC No. 2783 of 2021 and other analogous cases.

3. Considering the specific submission made on behalf of the petitioner, the petitioner, if so advised, may file a detailed representation before the District Programme Officer (Establishment), Sitamarhi, who is directed to consider the grievance of the petitioner and the relief sought for in the present writ petition in light of the law laid down by the Apex Court in case of State of Punjab & Ors. Vrs. Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334 and Thomas Daniel Vs. State of Kerala reported in 2022 SCC OnLine SC 536 and with respect to payment of A.C.P. and M.A.C.P., he must take decision in accordance with law laid down by the Apex Court in case of Amresh Kumar Sinha & Ors. Vrs. The State of Bihar & Ors., SLP (C) Nos. 8219-8226 of 2019 within a period of four weeks from the date of

Patna High Court CWJC No.10407 of 2023 dt.11-09-2023 3/3 communication of this order.

4. With above observations and directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/Nilmani AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 12.09.2023 Transmission Date N/A