Nandkeshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5327 of 2017 ====================================================== Nandkeshwar Prasad, Son of Late Sri Krishna Prasad, resident of village - Sherpur, P.S. Maner, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary Social Welfare Department, Mai Secretariat, Patna

2. The Director, Directorate of Integrated Child Development Services, Social Welfare Department, Main Secretariat, Patna

3. Accountant General, Bihar, Beer Chand Patel Path, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s : Smt.Kumari Amrita-GP-3 Mr. Mithlesh Kumar Upadhyay, AC to GP-3 For the Accountant General : Mr. Raghwanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2018 The learned counsel for the petitioner, by way of the present writ petition, has prayed for grant of the benefits of Assured Career Progression as well as Modified Assured Career Progression from the due dates taking into account his date of initial entry in service at 21.12.1985.

The learned counsel for the respondents has submitted that the case of the petitioner could not be considered for the purposes of grant of ACP and MACP on account of non availability of the confidential report.

Per contra, the learned counsel for the petitioner

Patna High Court CWJC No.5327 of 2017 (3) dt.10-05-2018 2/2 submits that the confidential reports of the petitioner are available, and the same have been annexed to the present writ petition. In view of the aforesaid, the respondents are directed to consider the case of the petitioner for grant of ACP/MACP and pass a reasoned and speaking order within a period of six weeks from today.

At this juncture, learned counsel for the petitioner seeks to file a detailed representation pointing out the fact that the service period will be reckoned from the year 1985 and not from 1993. The petitioner may do so within a period of two weeks from today.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) BTiwary/-Md Rashid U