Dinesh Dutt Dwevedi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5470 of 2017 ====================================================== Dinesh Dutt Dwevedi son of Late Radha Krishna Dwevedi, Resident of Village Goh, P.S. Goh, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Aurangabad, Bihar.

3.

The Sub Division Officer, Aurangabad, Bihar.

4.

The Block Development Officer, Aurangabad, Bihar. 5.

The Block Development Officer, Madanpur, District Aurangabad. 6.

The Chief Accountant General Bihar, Patna.

7.

The Treasury Officer Aurangabad.

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Respondent/s :

Mr. Krishna Chandra, AC to GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2020 Heard Mr. Kamlendra Prasad Singh, learned Counsel for the petitioner and Mr. Krishna Chandra, learned Assistant Counsel to Government Advocate No. 5, through Video Conferencing.

The present writ application has been filed for a direction to the respondents to make payment of arrears of salary, retiral dues as well as grant of benefit of A.C.P. A counter affidavit has been filed on behalf of respondent nos. 2, 3 and 4, in which it has been stated that all the retiral dues of the petitioner has been paid except the claim of benefit of A.C.P., which is under consideration before the competent authority.

Patna High Court CWJC No.5470 of 2017(4) dt.18-05-2020 2/2 Learned Counsel for the petitioner, referring to letter no. 1486, dated 05.10.2017 (Annexure E to the counter affidavit), submits that the original service book and other documents have been sent to the District Panchayati Raj Officer, Aurangabad, by letter no. 851, dated 17.06.2017. He further submits that decision on the claim of the petitioner regarding grant of benefit of A.C.P. is pending before the District Panchayati Raj Officer, Aurangabad, since then. On the other hand, learned Counsel for the State submits that the authority competent to take a decision on the claim of the petitioner is the Block Development Officer, Madanpur (respondent no. 5).

Having heard learned Counsel for the parties and taking into consideration the fact that the only grievance of the petitioner for grant of benefit of A.C.P. is pending since 2017, this writ application is disposed of with a direction to the Block Development Officer, Madanpur (respondent no. 5), to consider the claim of the petitioner for grant of benefit of A.C.P. and pass a reasoned order within a period of three months from the date of receipt/production of a copy of this order. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √