Sargun Paraiya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2876 of 2017 ====================================================== Sargun Paraiya Son of Late Madhusudan Paraiya, Resident of VillageLorhiya, P.S. Panjwara, District Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors.

2.

The Principal Secretary, Department, of Revenue, Government of BIhar, Patna 3.

The Principal Secretary, Finance Department, Government of BIhar, Patna. 4.

Secretary Expenditure Department of Finance, Government of BIhar, Patna. 5.

Collector Dum District Magistrate, Banka.

6.

Establishment Deputy Collector, Banka.

7.

Circle Officer, Chandan, Banka.

8.

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

For the Petitioner/s :

Mr. Rajiv Kumar Singh For the Respondent/s :

Mr. Md.Khurshid Alam-AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-05-2019

1. Heard the learned counsel for the petitioner and the State.

2. The petitioner has approached this Court for a direction to the respondents to grant all monetary benefits of the 1st and 2nd A.C.P., which has only been granted notionally to the petitioner but he has not been afforded the real monetary benefit. With respect to the benefits of M.A.C.P., the petitioner has categorically stated that the same has been paid to him.

Patna High Court CWJC No.2876 of 2017(3) dt.09-05-2019 2/3

3. The averments made in the writ petition is absolutely unclear. However, what can be gleaned from the writ petition is that taking into account the services of the petitioner on the post of Peon since 1974, he was granted the benefit of A.C.P. w.e.f. 09.08.1999. The monetary equivalent of the aforesaid financial progression has not yet been given to the petitioner.

4. Learned counsel for the petitioner has submitted that such benefits after recalculation on the basis of revised pay-scale are required to be released in favour of the petitioner. The arrears of such amount, to which the petitioner is entitled is also required to be paid to him.

5. The representations preferred by the petitioner before the various authorities including the District Magistrate, Banka has fallen on deaf ears.

6. Under the aforesaid circumstances, this Court deems it appropriate to direct the petitioner to make a detailed representation before the District Magistrate, Banka within a period of four weeks from today, who, on receipt of the same and on verification of the facts and records, and

Patna High Court CWJC No.2876 of 2017(3) dt.09-05-2019 3/3 finding the claim of the petitioner to be tenable, shall pass/cause to be passed, necessary order and the benefits be accordingly released in favour of the petitioner within the aforesaid period.

7. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U