Narendra Prasad Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16255 of 2014 ====================================================== Narendra Prasad Rai Son of Late Prithvi Chand Rai Resident of village - Narkatiya, Bihpur Police Station Bihpur, District - Bhagalpur ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna

2. The Director, Education Department, Govt. of Bihar, Patna

3. The District Education officer, Bhagalpur

4. The District Program Officer ( Establishment ), Education Department, Bhagalpur

5. The Block Education Officer, Bhagalpur

6. The Accountant General, Bir Chand Patel Marg, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Respondent/s :

Mr. Sandeep Kumar (Ga8) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that the petitioner was appointed in 1972. He has retired from service on 30.06.2002. His grievance in the instant writ application is that although the petitioner qualifies for grant of A.C.P. on completion of 12 years and 24 years, but petitioner was only granted first A.C.P. but he was not considered for grant second A.C.P. as a result of non-consideration he was denied the second A.C.P. The writ petition was filed on 16.09.2014 even after lapse of four years no counter affidavit has been filed.

Patna High Court CWJC No.16255 of 2014(2) dt.07-09-2018 2/2 Under the aforesaid circumstance, the writ petition is disposed of with a direction to the respondent to verify the record and if it is found that the petitioner fulfills the condition for grant of second A.C.P. or any other pay enhancement on account of super selection grade or otherwise the respondent may examine the claim of the petitioner objectively and take final decision. The District Programme Officer (Establishment), Bhaglpur is directed to verify the record and take final decision on the claim of the petitioner expeditiously preferably within a period of four months from the date of receipt/production of a copy of this order and also ensure the payment of all consequential benefits of such decision within a further period of one months.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) banti/- U