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Patna High CourtCWJC/845/2015disposed

Sajdha Khatoon And ORS v. The State Of Bihar And ORS

2018-04-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.845 of 2015 ===========================================================

1. Md. Khalid Ansari S/O- Md Anish Ansari, Resident of village- Rajopatti, P.S.- Rajo Patti, Dist- Sitamarhi.

2. Asif Ansari Son of late Md. Khailid Ansari null

3. Md. Arif Ansari Son of late Md. Khailid Ansari null

4. Md. Saif Ansari Son of late Md. Khailid Ansari All residents of VillageRajopatti, P.S.- Rajo Patti, Distt- Sitamarhi.

5. Sabanam Khatoon D/o late Md. Khalied Ansari, W/o- Kurshid Ansari resident of Village- Raja Parsauni, P.S.- Parsauni, District- Sitamarhi

6. Sabana Khatoon D/o late Md. Khalid Ansari Residents of Village- Rajopatti, P.S.- Rajo Patti, Distt- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the secretary cum commissioner department of health and family welfare, New Secretariate, Baily Road, Patna-1

2. The director Indigenous medicine, government of Bihar, New Secretariate, Baily Road, Patna-1

3. The Accountant General Bihar, Bir chand patel Path, Patna-1.

4. The Principal, Rajkiyea Tibbee College & Hospital, Kadam Kuan, Patna-800003. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Madhav Rai, Advocate Mrs. Kanti Jha, Advocate For the Respondent/s : Mr. Samir Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 25-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner's prayer in the writ petition is for grant of benefits of assured career progression and for consequential benefits of fixation of his pay and other benefits.

Counter affidavit has been filed on behalf of the respondent State. It is the stand of the State Government that after

Patna High Court CWJC No.845 of 2015 dt.25-04-2018 2/2 regularization of uninterrupted service of the petitioner first assured career progression has been allowed with effect from 09.08.1999 in the pay scale of Rs. 3200-4900/- and second assured career progression with effect from 09.09.2008 in the pay scale of Rs. 40006000/-. The necessary sanction is under letter dated 13.04.2018 bearing memo no. 188 which is annexure B to the counter affidavit. Further stand has been taken that after verification of pay fixation by the District Accounts Officer, Patna Collectorate, the service book will be submitted to the Accountant General (A&E) for issuing the payment order/authorization for financial benefits arising out of sanction in favour of the petitioner.

Let entire exercise be completed with respect to pay fixation of the petitioner by the District Collector, within a period of eight weeks from today. The service book should thereafter, be forwarded to the Accountant General. Upon receipt of such verification and sanction order the office of the Accountant General would be obliged to authorize the financial benefits arising out of such pay verification within a period of eight weeks thereafter. The writ petition is disposed off in light of the directions hereinabove.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 25.04.2018 Transmission Date