Shyam Bihari Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8345 of 2015 ====================================================== Shyam Bihari Singh, Son of Late Sant Bilash Singh, resident of VillageKanai, P.O-Dhrubdiha, Via-Piro, District- Bhojpur. .... .... Petitioner/s

Versus

1. The Union of India

2. The Director General, Central Reserve Police Force, CGO Complex, Lodi Road, New Delhi.

3. The Commandant, Ist Singnal Bn. C.R.P.F., New Delhi.

4. The Deputy Commandant (Administration), Ist Signal Battalion, Jharoda Kalla, New Delhi.

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

For the Petitioner/s :

Dr. Chandra Shekhar Azad, Advocate.

For the Respondent/s :

Mr. Sanjay Kumar, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 23-06-2015 Heard learned counsel for the parties.

2. The prayer of the petitioner in this writ application reads as follows:

"1. That the present writ application is being filed for issuance of Writ/Writs, Order/Orders, direction/directions in the nature of Mandamus, directing and commanding upon the respondent authorities to make payment of 2nd A.C.P. benefit as well as entire arrears of the petitioner, which have not been paid after making payment of 1st A.C.P. to the petitioner and even after completion of about 35 years of the service of the petitioner and further for issuance of an appropriate Writ/Writs, Order/Orders, direction/directions for which the petitioner is found entitled by this Hon'ble Court in the facts and circumstances of the case."

3. Having regard to the stand taken by the learned counsel for the Government of India that the grievance of the petitioner for giving 2nd ACP and its consequential admissible

Patna High Court CWJC No.8345 of 2015 (2) dt.23-06-2015 2/2 arrears of payment is still under consideration, in view of the recent judgment of the Delhi High Court, this writ application is disposed of with a direction to the authority concerned to take an expeditious decision keeping in view that the petitioner has already retired in the year 2005 and still awaiting for payment of admissible amount to which he has become entitled by way of receiving the benefit of 2nd ACP.

4. This Court hopes and believes that this exercise shall be completed within a period of four months from the date the petitioner would bring this order to the notice of the authority by enclosing a representation explaining his full claim.

5. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U