Uma Shankar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6769 of 2017 ====================================================== Uma Shankar Jha Son of Late Sarowar Jha, resident of Village P.O. Bangaon Uttari, Near Bhagwati Asthan, P.S.- Bangaon, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Information & Public Relation, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Information and Public Relation, Government of Bihar, Patna.

3.

The Director, Department of Information and Public Relation, Government of Bihar, Patna.

4.

The District Magistrate, Supaul.

5.

The Joint Director, P.R.D. Directorate, Bihar, Patna. 6.

The District Public Relation Officer, Supaul. 7.

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the State :

Md. Raisul Haque, SC- 10 For the AG :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-02-2026 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following relief:

"1. That the petitioner prays for issuance of a writ preferably in the nature of mandamus commanding and directing the Respondents concerned to grant time bound promotion/ Assured Career Progression (A.C.P.) benefit due since 09.08.1999 and to make payment of arrear of pre-retiral

Patna High Court CWJC No.6769 of 2017(3) dt.12-02-2026 2/3 and post retiral difference of services benefits which has not been paid to the petitioner despite his entitlement, as also to award cost of litigation in favour of the petitioner. And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case."

3. At the outset, it is submitted by learned counsel for the petitioner that the issue raised in the instant application as to whether the departmental accounts examination is required to be passed or not for grant of ACP benefits already stands concluded in the Full Bench judgment of this Court in the case of Kamlanand Thakur vs. The State of Bihar & Ors.; 2025 (2) PLJR 623 (FB).

4. In view of the facts and circumstances and specially the submissions made by learned counsel for the petitioner, the writ application is disposed off directing the petitioner to file a representation before the Director, Department of Information & Public Relation, Government of Bihar (respondent no.3) within a period of two weeks for the relief prayed for in the instant application.

5. The respondent no. 3 shall consider the representation, the points raised therein taking into

Patna High Court CWJC No.6769 of 2017(3) dt.12-02-2026 3/3 consideration the judgment of this Court in the case of Kamlanand Thakur (supra) and decide the same within a period of six weeks from the date of its filing.

6. The consequential benefits found payable to the petitioner shall be paid within a period of two months of the disposal of the representation.

7. In case the representation of the petitioner does not find favour with the respondent concerned, a reasoned order for the same shall be communicated to the petitioner within the aforesaid period.

8. The writ application stands disposed off with the above observations and directions.

(Partha Sarthy, J) sauravkrsinha/- U