Patna High CourtL.P.A/1755/2016disposed

The State Of Bihar And ORS v. Hans Raj Singh

2017-07-27The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1755 of 2016 IN Civil Writ Jurisdiction Case No. 3072 of 2013 ===========================================================

1. The State of Bihar

2. The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

3. The Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.

4. The Engineer-in-Chief cum Chairman, Screening Committee Road Construction Department, Govt. of Bihar, Patna.

5. The Assistant Engineer (Pension Cell) cum In-charge, Section-II, Road Construction Department, Bihar, Patna.

.... .... Appellant/s

Versus

1. Hans Raj Singh S/o Late Keshwar Singh of Mohalla- Mithapur B. Area Kannulal Road, P.S.- Jakkanpur, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. P.K. Verma, AAG-3 Mr. Saroj Kumar Sharma, AC to AAG-3 For the Respondent/s : Mr. Ramakant Sharma, Sr. Adv =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-07-2017 Having heard learned counsel for the parties at length with regard to the merits of the directions issued in the matter of granting ACP to the respondents employee who has now retired from service, we see no error passed by the learned Writ Court, the order passed by the Writ Court has to be implemented. However, while allowing the petition, learned writ Court had made an observation that certain provisions which were incorporated in the

Patna High Court LPA No.1755 of 2016 dt.27-07-2017 2/2 ACP rules of 2006 are not available in the ACP rules of 2010. This does not seem to be correct as in Schedule 1 to the rules of 2010 under clause 17, the said provision is there. We clarify that this issue is left open to be considered in a proper proceeding and after taking note of the rules in question proceeded, the matter can be decided again. As far as present appeal is concerned, the benefit granted to the petitioner, shall be granted by the respondents. With the aforesaid, we dispose of the appeal. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01/08/2017 Transmission Date NA