Smt. Roma Nandi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14259 of 2015 ====================================================== Smt. Roma Nandi wife of late Amrendra Nath Nandi (Divorced), presently residing at, P.O. & P.S.- Kadamkuan, D-Block, Nala Road, Patna- 800 003 ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Minor Irrigation Department, Government of Bihar, Vishweshariya Bhawan, Bailey Road, Patna 2.

The Secretary, Minor Irrigation Department, Government of Bihar, Vishweshariya Bhawan, Bailey Road, Patna 3.

The Chief Engineer, Minor Irrigation Department, (Tube Well), near Sanjay Gandhi Botanical Garden, Airport Road, Patna 4.

The Superintending Engineer, Minor Irrigation Department (Tube Well), Mithapur, P.O.- G.P.O., Patna- 800 001 5.

The Executive Engineer, Minor Irrigation Department (Tube Well Division), East Patna, near Bailey Road, Patna 6.

The Executive Engineer, Tube Well Division, near Eastern Gate of the Patna High Court Building, Patna- 800001 7.

The Accountant General, Birchand Patel, Patna, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar For the Respondent/s :

Mr. GAUTAM BOSE ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date : 22-09-2017 Heard counsel for the petitioner, counsel for the State and counsel for the Accountant General.

The prayer made in this writ application seems to be totally misplaced. When a close questioning is made especially with regard to the provisions related to A.C.P. Rule 4 sub-rule (5), the demand for grant of A.C.P. is given up.

When the counsel is further questioned as to what is the stand with regard to time bound promotion since that scheme came to an

Patna High Court CWJC No.14259 of 2015 dt.22-09-2017 2/2 end on 01.01.1996 and thereafter two other recommendations of the Pay Revision Committees had been in vogue and why such an issue was not raised at that relevant point of time, there is no clarification thereto also.

The submission is that the length of service should be calculated and the benefit should accrue. The benefit can only accrue provided such scheme are in operation or provided such scheme is available which supports such a demand or relief. None of the above facts are available in this case. Writ has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) Pawan/- AFR/NAFR N.A.F.R.

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