Kaushal Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13648 of 2025 ====================================================== Kaushal Kumar Pandey Son of Gajadhar Nath Pandey, retired Panchayat Secretary, Block- Ara Sadar, Bhojpur, Resident of Village and P.O.- Belauthi, P.S.- Shahpur, District- Bhojpur (Ara), Pin- 822154. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Principal Secretary Department of Finance, Government of Bihar, Patna.

2.

The Joint Secretary Department of Finance, Government of Bihar, Patna. 3.

The Senior Account Accounts Officer, Office of the Accountant General (A and E), Bihar Mahalekhakar Bhawan, Birchand Patel Path, Patna- 800001. 4.

The District Magistrate, Bhojpur at Ara.

5.

The District Panchayat Officer, Bhojpur at Ara. 6.

The Block Development Officer, Ara (Sadar), District - Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanesh Shankar Vidyarthi For the Respondent/s :

Mr. Swapnil Kumar Singh, A.C. to G.P.-19.

For the A.G., Bihar :

Mr. Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. The petitioner in the present writ petition has prayed for grant of following relief :- (i) To issue an appropriate writ/s, order/s, or direction/s in the nature of mandamus to the respondents to pay benefits under scheme of A.C.P. (assured career Progress) to the petitioner who worked as a Panchayat Secretary in Bhojpur District and retired on 31.01.2025 from Block-Ara, Sadar could not get the same, in spite of several representations, till date. Secondly the petitioner is entitled for the instant benefit in the light of the letter No. 2015 dated 18.05.2009, whereby and where under the Panchayat Secretaries of

Patna High Court CWJC No.13648 of 2025(2) dt.26-09-2025 2/3 Bhojpur District were also allowed the benefits of ACP as per the decision taken by the District Establishment Committee, Bhojpur at Ara on 13.11.2009.

(ii) Any other relief or reliefs regarding nonpayment of ACP i.e. 1st ACP and 2nd ACP and the interest there on for which the petitioner be found entitled in law be granted to him.

3. Learned counsel for the petitioner submits that for seeking the aforesaid relief, the petitioner has already filed a representation before the District Magistrate, Bhojpur at Ara dated 28.06.2025 (Annexure P-1) which continue to be pending. Learned counsel for the petitioner further submits that the petitioner would be satisfied if an appropriate direction is issued to the District Magistrate, Bojpur at Ara to dispose of his pending representation within a fixed time-frame after giving an opportunity of hearing to the petitioner.

4. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel for the State does not have any objection.

5. Considering the limited nature of prayer made by learned counsel for the petitioner, this writ application is disposed of directing the District Magistrate, Bhojpur at Ara to diispose of the representation of the petitioner after giving an opportunity of hearing to the petitioner by passing a reasoned and speaking order.

Patna High Court CWJC No.13648 of 2025(2) dt.26-09-2025 3/3

6. The entire exercise must be completed by the District Magistrate, Bhojpur at Ara, within a period of four months from the date of production of a copy of this order by the petitioner.

7. With the aforesaid observation and direction, the present writ application is disposed of.

8. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U