Bandana Purbey v. The State Of Bihar Through Tis Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16001 of 2023 ====================================================== Bandana Purbey D/o of Late Dr. Rajendra Prasad Purbey Resident of Mohalla - Mahaseth Pokhar Bhoada, Ward No. 28, P.O. - Bhoada, P.S.- Madhubani Sadar, District- Madhubani, At present residing at Flat A-203, Second Floor, Sushani Lok -3, Sector 57, Tigra (91), Gurgaon, Harayan - 122003 ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Social Welfare Department, Govt. of Bihar Old Secretariat, Patna. 2.

The Principle Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Secretary, Social Welfare Department, Govt. of Bihar, Patna. 4.

The Director, I.C.D.S., Directorate Govt. of Bihar, Indira Bhawan, Bailey Road, Patna.

5.

The Commissioner, Darbhanga Division, Darbhanga. 6.

The District Magistrate, Madhubani.

7.

The District Programme Officer, Madhubani.

8.

The Child Development Programme Officer, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanendra Kumar Singh, Advocate For the Respondent/s :

Mr.Prasant Pratap ( Gp 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-04-2024

1. The learned counsel for the petitioner submits that though by an order dated 03.02.2020, passed by the Secretary to the Commissioner, Darbhanga Division, Darbhanga, the petitioner has been granted the benefits of 1st ACP w.e.f. 09.08.1999, 2nd ACP w.e.f. 06.06.2010 and 3rd MACP w.e.f. 06.06.2016, however, the actual monetary benefits, thereof has not been paid.

2. The learned counsel for the respondent-State

Patna High Court CWJC No.16001 of 2023(2) dt.15-04-2024 2/2 submits that on account of non-allotment of funds by the ICDS, Directorate, Government of Bihar, Patna, the actual monetary benefits, emanating out of grant of the benefits of A.C.P./M.A.C.P. scheme, as aforesaid, have not stood paid to the petitioner, however, the same would be paid, within a stipulated time frame, as is directed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Commissioner, Darbhanga Division, Darbhanga and the Director, I.C.D.S. Directorate, Government of Bihar, Patna to make payment of the admitted outstanding monetary benefits, emanating out of grant of the benefits of the ACP/MACP scheme, as aforesaid, within a period of four weeks from today, failing which they shall not draw their salary.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U