Ambika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17684 of 2021 ====================================================== Ambika Devi Wife of Late Shivnandan Yadav, resident of Flat No. E/11, Koshi Colony, Saharsa, Ward No. 13, P.S.- Saharsa, District - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Water Resources Department, Bihar, Patna. 3.

The Chief Engineer, Irrigation Creation, Water Resources Department, Saharsa.

4.

The Superintending Engineer, Irrigation Canal Circle, Purnea. 5.

The Executive Engineer, Irrigation Division, Banmankhi, Purnea. 6.

The Accountant General of Bihar, Patna, Veer Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Nath Pathak, Adv.

For the State :

Mr.Binod Kumar Sinha, AC to GP-7 For the Accountant Gen. :

Mr.Arun Kumar Arun, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For quashing the order dated 09.12.2020, passed in 1/Lok (Sinchai) 01/2019 by the Lokayukt, Bihar, Patna has rejected the application of the petitioner for the revision of scale under ACP to her late husband in pursuant to the circular issued under letter no.4936 dated 02.07.2018 by the Department of Finance, Bihar, Patna on the ground of limitation without hearing the parties even the matter relating to 02.07.2018. However, the learned Lokayukt has no jurisdiction to entertain the petition relating to service condition of the

Patna High Court CWJC No.17684 of 2021(2) dt.28-02-2024 2/2 government servant.

(iii) For directing the respondent to revise pay scale of 1st ACP in Rs.6500-10500 on completion of 12 years of service and 2nd ACP in pay scale of Rs.10000-15200 on completion of 24 years of service w.e.f. 09.08.1999 to her late husband in pursuant to government decision issued under Resolution No.163 dated 08.01.2016 reads with letter no.4936 dated 02.07.2018 by the Finance Department which provides 1st ACP and 2nd ACP in pay scale of Rs.6500-10200 and 10000-15200 on completion of 12 years of service and 24 years of service respectively to the Account Clerk having qualification of graduate as contained in Annexure-9 reads with Annexure-10."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of her aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U