Santosh Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20640 of 2019 ====================================================== Santosh Kumar, Son of Chandrika Singh, Resident of Village- Pakri, Post Office- Amhara, Police Station Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Panchayati Raj, Government of Bihar, Patna.

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Patna.

4.

The Block Development Officer, Block Bikram, District- Patna. 5.

The Block Development Officer, Block- Paliganj, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mrs.Archana Meenaksee ( GP-6 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the parties.

2. The petitioner was holding the post of Panchayat Secretary and he superannuated with effect from 28.02.2013. He has been granted first Assured Career Progression with effect from 09.08.1999. It is his case, however, that he was entitled for second Assured Career Progression after completion of twenty four years of service, which has yet not been decided and granted by the respondent. It is specific case of the petitioner that he was appointed as Panchayat Secretary and no promotion was ever allowed to him till he attained the age of superannuation in 2013.

Patna High Court CWJC No.20640 of 2019(2) dt.25-11-2019 2/2

3. Considering the facts and circumstances of the case, this application is disposed of with a direction to the District Magistrate, Patna to consider the petitioner's case for grant of second Assured Career Progression as is being claimed by him and, take a decision within a period of three months from the date of receipt/production of a copy of this order. The District Magistrate, Patna shall treat the averments made in the writ application to be the petitioner's representation for considering his claim and taking a final decision.

4. It goes without saying that once the District Magistrate reaches a conclusion that the petitioner is entitled for the said benefit, immediate steps shall be taken to ensure payment of arrears of salary arising out of grant of second ACP and other consequential benefits within a period of one month thereafter.

5. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U