Mithilesh Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19250 of 2018 ====================================================== Mithilesh Kumar Verma Son of Late Lakshmi Naryan Lal, Permanent resident of Mohalla- Dumra, Ward No.5, P.S. and P.O.- Dumra, District- Sitamarhi. ... ... Petitioner

Versus

1.

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

The Accountant General, Birchand Patel Path, Patna-1. 3.

The Secretary, Department of Finance, the Government of Bihar, Patna. 4.

The Deputy Secretary, Consumer Forum Department, the Government of Bihar, Patna.

5.

The Commissioner, Tirhut Division, Muzaffarpur. 6.

The District Magistrate, Sitamarhi.

7.

The District Supply Officer, Sitamarhi.

8.

The Nazarat Deputy Collector, Sitamarhi.

9.

The District Treasury Officer, Sitamarhi.

10.

The Sub Divisional Officer, Pupri, Sitamarhi. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Jiwan Prakash Sinha.,Advocate For the Respondents :

Smt. Anuradha Singh- SC21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 06-07-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State as well as learned cousnel for the Accountant General. Noticing the order dated 09.06.2020, the Court observed that the petitioner superannuated on 31.07.2002, he was not granted the benefit of ACP which was introduced with effect with 09.08.1999.

Considering the fact that the petitioner superannuated

Patna High Court CWJC No.19250 of 2018 dt.06-07-2020 2/2 on 31.7.2002 and there is dispute with regard to grant of benefit of ACP with effect from 09.08.1999 and for grant of consequential benefits, the writ petition is disposed of with a direction to the respondents to ensure payment of monetary benefits on account of grant of ACP which is admissible with effect from 09.08.1999 and calculate the reused post retiral dues to the petitioner within a maximum period of sixty days from the date of receipt/production of a copy of this order. The entire exercise of calculation and payment must be completed by the respondents within a further period of 30 days from the date of decision on grant of benefit of ACP failing which the petitioner shall be entitled to interest at the rate of 9% per annum from the date of filing of the writ petition i.e. 22.09.2018 till the date of actual payment.

With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A/ Uploading Date 09.07.2020 Transmission Date N.A.