Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17498 of 2021 ====================================================== 1.1. Sheela Devi Wife of Late Vinay Kumar Singh, Resident of Village - Baikunathpur, P.O. - Hussainganj, Police Station - Andar, District - Siwan. 1.2. Nitish Kumar Singh, Son of Late Vinay Kumar Singh, Resident of Village - Baikunathpur, P.O. - Hussainganj, Police Station - Andar, District - Siwan. 1.3. Nitu Devi, daughter of Late Vinay Kumar Singh, Resident of Village - Baikunathpur, P.O. - Hussainganj, Police Station - Andar, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director General of Police, Bihar, Patna. 3.

The Deputy Inspector General of Police, Saran Area, at Chapra. 4.

The Deputy Inspector General of Police, Crime Investigation Department, Bihar, Patna.

5.

The Superintendent of Police, Arwal.

6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Shubh Narain Singh, Advocate.

For the State :

Mr. Manoj Kumar, AC to GP-4.

For Respondent No.6 :

Mr. Chaitanya Swaroop, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 26-07-2023 Heard Mr. Shubh Narain Singh, learned counsel appearing on behalf of the petitioner; Mr. Manoj Kumar, learned AC to GP-4 and Mr. Chaitanya Swaroop, learned counsel for the Accountant General, Bihar.

2. The present writ petition has been filed for the following reliefs:

"For command and directing the respondents for payment of retirement benefits and other consequential benefits attached to the post like (i) Gratuity Rs. 20,00,000/- (some payment has been made). (ii) ACP/MACP has not been granted.

(iii) Accordingly ACP/MACP pension has not been fixed. And / or any other relief / reliefs to the petitioner for which he may be found entitled in the eye of law.

3. Learned counsel appearing on behalf of the

Patna High Court CWJC No.17498 of 2021 dt.26-07-2023 2/2 petitioner submits that he seeks to file representation for getting the grievance of the petitioners redressed in accordance with the law as laid down by the Apex Court in case of Amresh Kumar Singh & Ors. Vs. The State of Bihar & Ors. reported in 2023 SCC OnLine SC 496.

4. The concerned respondents are directed to ensure to give benefits of financial upgradation to the deceased employee (original petitioner) as and when it was required to be given and make payment after calculating such financial upgradation and also must ensure to make payment of difference of salary on the basis of enhanced pay scale admissible to the original petitioner which was required to be paid to the deceased-employee who is the husband of the petitioner.

5. This order will automatically loose its force, if the defects as pointed out by the Stamp reporter is not removed by the petitioner within one week as prayed for.

6. The writ application, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 26.07.2023 Transmission Date N.A.