Ram Narayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16612 of 2023 ====================================================== Ram Narayan Ray Son of Late Ramotar Ray, Resident of Village- Chakka Bishanpur, Ward No. 08, Police Station - Bhagwanpur, District- Begusarai, Retired while working as Junior Accounts Clerk from National Rural Employment Programme (NREP) in Mohiuddin Nagar Block, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt of Bihar, Patna. 2.

The Secretary, Rural Development Department, Govt of Bihar, Patna. 3.

The Joint Secretary, Rural Development Department, Govt of Bihar, Patna. 4.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 5.

The District Magistrate, Samastipur 6.

The Deputy Development Commissioner, Samastipur. 7.

The Establishment Deputy Collector, Samastipur. 8.

The Block Development Officer, Mohiuddin Nagar, Samastipur. 9.

The District Treasury Officer, Samastipur.

10.

The District Accounts Officer, Samastipur.

11.

The Accountant General, Birchand Patel Patha, Bihar, Patna. 12.

The Senior Accounts Officer, Office of the Accountant General (A and E), Bihar, Patna.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Adv.

For the State :

Mr.Vinay Kirti Singh ( Ga 2 ) Mr. Rajan Prakash, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondents to consider and grant the benefits of 1st and 2nd ACP to the petitioner

Patna High Court CWJC No.16612 of 2023(2) dt.20-04-2024 2/3 along with all consequential benefits and also to revise his pensionary benefits, in the light of provision of ACP Scheme after completion of 12 and 24 years of service as is being given to the similarly situated employees of the State Government but even after 15 years of his retirement, the said benefits has not been given to the petitioner.

(ii). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide the benefits under ACP scheme for financial progression as even though the petitioner retired from service as a Junior Accounts Clerk, NREP, Block Mohiuddin Nagar, District Samastipur after attaining the age of superannuation but till date, he has not been given the benefits of 1st and 2nd ACP and its consequential benefits.

(iii). For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner and provide the benefits of second and 1st and 2nd ACP after completion of 12 and 24 years of service and also revise the pension of the petitioner accordingly and also grant all consequential benefits.

(iv). For issuance of an appropriate writ in the nature of mandamus for commanding and

Patna High Court CWJC No.16612 of 2023(2) dt.20-04-2024 3/3 directing the respondent authorities concerned to pay the differences of 6th pay commission amount to Rs. 46834/-, which has already been recommended by the Block Development Officer, Mohiuddin Nagar Samastipur to Establishment Deputy Collector, Samastipur for ensuring the payment but till date the said amount has not been paid to the petitioner and hence respondent authorities concerned may kindly be directed to pay the differences of 6th pay revision, without any further delay along with the interest."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the Respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U