Bishnudeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18651 of 2019 ====================================================== Bishnudeo Prasad Yadav S/o Late Samman Yadav Resident of Mohalla-Gyatri Nagar, Purabsarai, P.S. Kotwali, District Munger ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Agriculture, Bihar,Patna 2.

The Agriculture Producation Commissioner, Bihar,Patna. 3.

The District Magistrate, Jamui 4.

The District Agriculture Officer, Jamui 5.

The Treasury Officer, Jamui 6.

The Block Agriculture Officer, Gidhaur Block, Dist.Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abdul Manan Khan For the Respondent/s :

Mr.Dhurjati Kumar Prasad ( GP-14 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2019 The petitioner has a grievance that he has not been granted Assured Career Progression (ACP) in accordance with the Rules governing grant of such benefit. The petitioner was promoted to the rank of Block Agriculture Officer from the post of Jan Sevak with effect from 02.11.2004 and retired from service on attaining the age of superannuation on 31.10.2018. Even on the basis of his promotion on 02.11.2004, he would have been entitled to first ACP as Blcok Agriculture Officer, which has not been paid to him, according to the petitioner.

2. Mr. Abdul Manan Khan, learned counsel appearing

Patna High Court CWJC No.18651 of 2019(2) dt.23-09-2019 2/2 on behalf of the petitioner has submitted that though recommendation for grant of first ACP has already been made, a final decision has not been taken, in this regard.

3. On perusal of the pleadings of the writ application, I find that the petitioner did not approach the authorities, raising his grievance before filing the present writ application. The petitioner ought to have demanded his claim first before seeking a command for the purpose of grant of ACP.

4. This writ application is, therefore, disposed of with an observation that the petitioner shall be at liberty to approach the authorities, raising his claim for grant of ACP. If he approaches the competent authority within two weeks from today, raising his grievance along with a copy of this order, it is directed that his claim shall be duly considered in accordance with law, and a decision must be taken within two months thereafter.

(Chakradhari Sharan Singh, J) arun/- U