Sharda Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10351 of 2015 ====================================================== Sharda Shankar Prasad, son of late Hiraman Sah, resident of Village Leheji, Po-Leheji, Via Daraunda, P.S. Hasanpur, Dist. Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Water Resources, Government of Bihar, Patna.

2. The Chief Engineer (Mechanical), Department of Water Resources, Government of Bihar, Patna.

3. The Executive Engineer (Mechanical) Irrigation Mechanical Division, Dihri, Rohtas at Sasaram.

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

For the Petitioner/s : Mr. Jeetendra Narayan, Adv. For the Respondent/s : Mr. A.K.Chaudhary, AAG-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner has a grievance with regard to his ACP benefit and a representation is being claimed to have been filed by the petitioner on 3.3.2015, this Court would direct the Chief Engineer (Mechanical), being the competent authority, to take a decision with regard to the admissibility of ACP benefit as claimed by the petitioner in the aforesaid representation.

Such a decision must be taken by the competent authority by a reasoned order within a period of four months from the date of receipt of this order, inasmuch as, the petitioner has already retired from service on 31.12.2014 and his retirement

Patna High Court CWJC No.10351 of 2015 (2) dt.29-07-2015 benefit will have a vital bearing if he is granted benefit of ACP. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U