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Patna High CourtCWJC/4210/2017disposed

Hari Prasad Singh v. The State Of Bihar And ORS

2017-12-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4210 of 2017 ====================================================== Hari Prasad Singh Son of Late Dhaneshwar Singh Resident of Village + P.O. - Bhalar, P.S. - Dharhara, District - Munger (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna

4. The District Education Officer, Munger.

5. The District Programme Officer (Establishment), Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the State :

Mr. P.N.Sharma, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner is non-consideration of his case for grant of 2nd ACP on completion of 24 years of continuous service.

Counsel for the petitioner submits that the petitioner has completed 24 years of service on 30th October, 2009 and in terms of the ACP Rules the petitioner is entitled to consideration and grant of 2nd ACP with effect from 30.10.2009. Without going into the issue whether the petitioner is entitled to grant of 2nd ACP with effect from 30th October, 2009 or not, the writ petition is disposed of with the direction to the respondent-District Education Officer, Munger, Respondent No.

Patna High Court CWJC No.4210 of 2017(2) dt.06-12-2017 2/2 4 to look into the grievance of the petitioner and if it is found that the petitioner is entitled to 2nd ACP in terms of the ACP Rules on completion of 24 years of service, the respondent No. 4 shall pass appropriate order for grant of ACP. The respondent No. 4 is required to pass order with regard to the claim of the petitioner for grant of ACP within a maximum period of three months from the date of receipt/production of a copy of this order.

The writ petition is disposed of with the direction aforesaid.

(Anil Kumar Upadhyay, J) spandey/- U