Nagnarayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12280 of 2024 ====================================================== Nagnarayan Singh Son of Late Chakrawarti Singh Resident of Village and Post Office-Takkipur, Takipur Police Station-Maharajganj, District-Siwan. Retired While Working as a Clerk From the Office of the Superintendent of Police, Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary-Cum-Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Inspector General of Police, Muzaffarpur. 5.

The Deputy Inspector General of Police, Saran Range, Chapra. 6.

The Superintendent of Police, Gopalganj.

7.

The Accountant General, Birchand Patel Path, Bihar, Patna. 8.

The Senior Accounts Officer, Office of the Accountant General, Birchand Patel Path, Bihar, Patna.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Adv.

For the Respondent/s :

Mr. Jitendra Kumar Roy-1, SC-13, Mr. U.K. Singh, AC to SC-13 For the A.G.

:

Mr. Ram Yash Singh, SC (IA & AD), Mr. Utkarsh Bhushan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 27-08-2024 The petitioner is a retired Clerk in the office of Superintendent of Police, Gopalganj. He was entitled to 2nd and 3rd A.C.P/M.A.C.P. on completion of his 20 and 30 years of service. However, A.C.P/M.A.C.P was not granted on the ground that he did not pass the departmental examination relating to Accounts.

2. It is specifically held by the Hon'ble Full Bench of

Patna High Court CWJC No.12280 of 2024(2) dt.27-08-2024 2/2 this Court in C.W.J.C. No. 18727 of 2017 (Kamlanand Thakur Vrs. The State of Bihar and Others) that for grant of 2nd and 3rd A.C.P/M.A.C.P, it is not obligatory for the Clerk to pass Accounts examination of the departmental examination and the employees on completion of 20 and 30 years of service are entitled to get 2nd and 3rd A.C.P/M.A.C.P.

3. Having heard the learned counsels for the parties and considering the Hon'ble Full Bench decision of this Court, delivered on 28th June, 2024, I find that the petitioner is entitled to 2nd and 3rd A.C.P/M.A.C.P.

4. For the reasons stated above, the respondents, specially the Superintendent of Police, Gopalganj, respondent no. 6 is directed to revise the petitioner's monthly salary granting 2nd and 3rd A.C.P/M.A.C.P on completion of 20 and 30 years respectively and issue pay order in respect of arrears salary as well as pensionary benefits to the petitioner within three months from the date of this order.

5. The instant writ petition is thus disposed of. (Bibek Chaudhuri, J) pravinkumar/- U