Hira Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3713 of 2016 ====================================================== Hira Rajak S/o Late Janardan Rajak Resident of Village Post - Jamuhari, P.S. - Mehandia, Circle - Kaler, District - Arwal Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Department of Education, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna 4.

The Regional Deputy Director Education, Govt. of Bihar, Patna. 5.

The District Magistrate, Arwal, Bihar.

6.

The District Education Officr, Jehanabad, Bihar. 7.

The District Education Officer, Arwal, Bihar. 8.

The Block Education Officer, Kaler, Dist - Arwal, Bihar. 9.

The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Chandra Prasad Bharti, Advocate For the Respondent/s :

Mr.Manikant Mishra- GP25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the State.

The grievance of the petitioner in the present writ petition is non-consideration of his case for grant of benefits of ACP/MACP.

On behalf of the respondents in the counter affidavit stand has been taken that for considering the case of the petitioner a meeting was to be convened on 20.4.2018 but due to the absence of the members of the Departmental

Patna High Court CWJC No.3713 of 2016(4) dt.18-09-2019 2/2 Promotion Committee, the meeting could not be held and no decision was taken for grant of benefit of ACP/MACP to the petitioner.

The scheme has been framed for financial progression to do away stagnation and the beneficiary could not be denied the benefit for the fault of the respondents in not convening the meeting of the Departmental Promotion Committee. In the aforesaid circumstances, the respondents are directed to take appropriate decision with regard to the entitlement of the petitioner latest by 25th of September, 2019 and for all consequential benefits by 1st of October,2019 failing which the monetary benefit accrued to the petitioner shall carry interest at the rate of 9% which shall be borne from the pocket of the members of the Departmental Promotion Committee till the date of actual payment.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U