Disposed

Domi Mandal v. The State Of Bihar and Ors.

Patna HC15 Apr 2013CWJC/6138/2013

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What is this about?

In a writ petition for retirement benefits and ACP, the Patna High Court declined to direct payment of arrears due to a nine-year delay but directed the authorities to consider entitlement for future benefit from the date of the authority's decision.

What did the court decide?

Petitioner directed to file representation for consideration of future ACP benefits; no arrears granted due to delay.

Domi Mandal Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6138 of 2013

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====================================================== Domi Mandal Son Of Late Chulhai Mandal Resident Of Village- Muskipur, P.S.- Jamalpur Gogri, Dist.- Khagaria

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.... .... Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Planning And Development, Govt. Of Bihar, Patna 3. The Deputy Director (Statistics) Statistics Department, Bhagalpur Division, Bhagalpur 4. The Accountant General, Bihar Patna 5. The District Treasury Officer, Khagaria .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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2 15-04-2013 Having heard counsel for the parties as with regard to the following relief:-

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"(i) Direction to the respondents to give the benefit of 1^st ACP and 2^nd ACP and thereafter consequential benefits along with interest @ 18% per annum.

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(ii) Direction to the respondents to pay the differences of salary after giving the benefit of 1^st ACP and 2^nd ACP.

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(iii) Direction to the respondents to pay the interest as well as penal interest for delayed payment of giving the benefit of 1st ACP and 2nd ACP as well as difference of amount on the revised pay scale of Sixth Pay Commission."

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this Court is not inclined to issue any direction for grant of ACP to the petitioner for which a cause of action which was available to him way back in the year 2003. Admittedly the petitioner did not

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Patna High Court CWJC No.6138 of 2013 (2) dt.15-04-2013

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raise it in a period of nine years and had filed his first writ application only in 2012 being C.W.J.C.No. 17452/2012 for certain retirement benefit as well as benefit of ACP.

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This Court however having regard to the observations made in the order dated 20.9.2012 in C.W.J.C.No. 17452/2012 would only direct the respondents to consider as to whether the petitioner would be entitled for payment of ACP benefits. In the event the petitioner would file his representation enclosing a copy of this order the competent authority will take his final decision within a period of three months from the date of receipt of this order and if the petitioner is found entitled for grant of such ACP, the financial benefit thereof shall also be extended to him only from the date of such order of the competent authority. In other words the petitioner will not be entitled for any payment of arrears of ACP and would be given only the benefit in terms of enhancement of the retirement benefit, inasmuch as the delay on the part of the petitioner in moving this Court will definitely disentitle him to claim any arrears of ACP.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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surendra/-

Domi Mandal v. The State Of Bihar and Ors.

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Domi Mandal v. The State Of Bihar and Ors.

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