Shreedhar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1488 of 2019 ====================================================== Shreedhar Prasad Singh, son of Matru Prasad Singh Permanent resident of Village- Madrouni, P.O- Madhubani P.s-Rangra Chowk, District- Bhagalpur, at present residing at Mohalla- Sahban Hata, Purnea Court Station Road, Janata Chowk Purnea, P.S-Khajanchi hat, District-Purnea ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors through the Principal secretary, Agriculture Department, Goverment of Bihar, Patna

2. Agriculture production Commmissioner, Agriculture Department, Government of bihar Patna

3. Director, Agriculture Department, Government Of Bihar Patna

4. Joint Director 9Shashya), jute agriculture department, Bihar, Purnea, DistrictPurnea Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanand Roy, Advocate.

For the Respondent/s :

Mr. Raghwanand, (Ga11) Mr. Sanjay Kr. Tiwari, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 28-01-2019 Heard the learned counsel for the petitioner and the State.

2. The petitioner has approached this Court for a direction to the respondents to grant him the benefit of first ACP in the scale of Rs. 6500-10,500/- and thereafter the benefit of second ACP in the scale of Rs. 10,000-15,200/- with effect from 09.08.1999 which has wrongly been denied to him. The further prayer of the petitioner is to pay him the arrears of the difference of salary after granting the benefits of first and second ACP with reference to the reckonable date.

3. Learned counsel for the petitioner has submitted that despite several representations to the Joint Director,

Patna High Court CWJC No.1488 of 2019 dt.28-01-2019 2/2 Jute, Agriculture Department, Government of Bihar and Director, Agriculture Department, Government of Bihar regarding such anomaly in fixation of his pay and non grant of first and second ACP, nothing concrete has been done in that regard. Learned counsel for the petitioner further informs this Court that the petitioner has been given second ACP but has not been accorded the benefit of first ACP, to which he is entitled.

4. Let the petitioner represent afresh before the Director, Agriculture Department, Government of Bihar, Patna stating all details and enclosing a copy of the order passed in the present writ petition, within a period of three weeks from today which shall be disposed of by the Director, Agriculture Department, Government of Bihar, Patna within a further period of four weeks from the date of receipt of such representation. If the claim of the petitioner is found tenable, necessary/sequel order shall be passed not only with respect to grant of such financial benefit but also for fixation of his post-retiral dues.

5. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.01.2019 Transmission Date