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Patna High CourtCWJC/13807/2023dismissed

Md. Quamruddin Ansari v. The State Of Bihar

2024-04-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13807 of 2023 ====================================================== Md. Quamruddin Ansari Son of Phakir Mohamahd Ansari, Residing at 9 No. Sulish Arwal, Post- Arwal, P.S- Arwal, District- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

2.

The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Zila Parishad, Arwal, District- Arwal, through Deputy Development Commissioner, Zila Parishad, District- Arwal. 5.

The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad, District- Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Archana Meenakshee ( Gp 6 ) Mr. Nikesh Kumar, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i) For issuance of the writ in the nature of certiorari for quashing the finance department notification 4685 dt. 25.06.2003 relating Rule 1(2) "shall not be applicable to the teachers of nationalized schools and employees of the Public Undertakings or the autonomous institutions, assisted, partially or fully, by the State Government".

Patna High Court CWJC No.13807 of 2023(2) dt.01-04-2024 2/3 (ii) For quashing party of the circular no.7566 dt 14.07.2010 of clause 13 of Appendix- 1 shall not be applicable to the employees of the Public Undertakings or the autonomous institutions, assisted, partially or fully, by the State Government (iii) For quashing the letter no.2534 dt. 29.03.2010 and letter dt. 29.08.2022 issued under signature of Deputy Secretory of Panchayat Raj Department, Bihar, Patna for denial pay benefits of A.C.P. to employee of Zila Parishad, in light of Finance department notification 4685 dt. 25.06.2003.

(iv) For issuance of direction to respondents for considering for grant of the ACP to the petitioner as he is entitled for 1st, 2nd, 3rd and 4th dynamic ACP, same has not been considered as yet and further issue direction to respondents for considering the application of the petitioner for grant of the ACP as other similarly situated persons have been considered by the letter dated 22.07.2022 and further issue direction to respondents grant benefit of the 1st, 2nd, 3rd and 4th dynamic ACP and pay its arrear along with the interest to the date of full and final payment to the petitioner."

2.

After some arguments, the learned

Patna High Court CWJC No.13807 of 2023(2) dt.01-04-2024 3/3 counsel for the petitioner seeks not to press the writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of his aforesaid grievance. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U