This court disposed of the petition finding the petitioner eligible for the Additional Casual Pay (ACP) benefit. The court held the petitioner is entitled to consequential benefits upon implementation of the scheme.
Petitioner entitled to ACP benefit and consequential enhancement of retirement dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24779 of 2013
====================================================== 1. Krishna Kumar Trivedi S/O Late Ram Sagar Trivedi Resident Of Lakhan Sarai, P.S. - Sasaram Town, District - Rohtas (Sasaram) .... .... Petitioner/s Versus 1. The Magadh University Through Its Registrar 2. The Vice Chancellor Magadh University, Bodh Gaya, District - Gaya 3. The Registrar, Magadh University, Bodh Gaya, District - Gaya 4. The Finance Officer, Magadh University, Bodh Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Prasad For the Respondent/s : Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
3 18-07-2016 Heard the parties.
Learned counsel for the University accepts entitlement of ACP to the petitioner. Though in the counter affidavit, the University has taken a plea that ACP has not been introduced by the State Government to the employees of the University but during submission the University has accepted that the Government has already introduced the benefit of ACP to the teaching and nonteaching employees of the University in view of the judgment in the case of State of Bihar vs. Sunny Prakash, reported in 2013(1) PLJR 237 SC and University submits that University is working out in what manner the benefit
Patna High Court CWJC No.24779 of 2013 (3) dt.18-07-2016
2
of ACP will be extended to the employees of the University including the petitioner. He further submits that there is likelihood that the employees of the University would get benefit of ACP within three months from the date of receipt/production of a copy of this order. University has not raised any dispute that petitioner is not entitled for ACP so it is required mathematical calculation.
It goes without saying that after the enforcement of ACP there will be enhancement of the amount of retiral dues. In such situation, the petitioner is also entitled to the consequential benefit after implementation of benefit of ACP. The document showing implementation of ACP is kept on record.
With the aforesaid observation this writ petition is disposed of.
(Shivaji Pandey, J)
Vinay/-
U
2 issues framed by the court
Whether the petitioner is entitled to consequential benefits of the Additional Casual Pay (ACP) scheme introduced by the State Government.
Whether the University should grant benefits of ACP to the petitioner.
Colour shows how this judgement treated each authority
State of Bihar vs. Sunny PrakashReferred¶5
State of Bihar vs. Sunny Prakash, 2013(1) PLJR 237 SC
2 provisions across 2 enactments
Krishna Kumar Trivedi
The Magadh University
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
