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Patna High CourtCWJC/7749/2012disposed

Nityanand Prasad v. The State Of Bihar And ORS

2024-01-16Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7749 of 2012 ====================================================== Nityanand Prasad S/O Latemarkanday Prasad Srivastava R/O Mohalla-Uhmi Compound Ramnagar, P.O. P.S.-Ram Nagar, Distt.-West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary Resources Department Office Situated At 3rd Secretariat, Patna 2.

Engineer-In-Chief, Water Resources Department, Office Situated In 3rd Secretariat, Patna 3.

Chief Engineer, Water Resources Department Valmikinagar Camp At Motihari 4.

Superintending Engineer, Water Resources Department At Bettiah, West Champaran 5.

Executive Engineer, Water Resources Department At Bettiah, West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radha Mohan Pathak, Advocate For the Respondent/s :

Mr. Manoj Kumar Sinha, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 16-01-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for direction upon the respondent to consider the case of the petitioner for granting the benefit of ACP with effect from the date as admissible under the rules.

3. During the pendency of the writ petition, the State has filed the counter affidavit. In view of the Memo No. 4685 dated 25.06.2003 of the Finance Department, the petitioner was

Patna High Court CWJC No.7749 of 2012 dt.16-01-2024 2/2 entitled for only two financial up gradation of pay scale but in the present case the petitioner has been granted total three financial up gradation of pay scale during entire service period viz., (i) Dak Runner to Blue Printer on 25.06.1982 (ii) Blue Printer to Tracer on 30.11.1991 and (iii) One time bound promotion on 01.04.1981.

4. In view of the clear stand taken by the State Government, it appears that the State has given the financial up gradation to the petitioner in terms of the office order memo no. 4685 dated 25.06.2003 of the Finance Department.

5. In view of the aforesaid, this writ petition stands disposed of.

(Rajesh Kumar Verma, J) Vanisha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.01.2024 Transmission Date N/A