Petitioner sought ACP benefits denied due to lack of Accounts examination. High Court directed government to verify entitlement and promotion availability before the petitioner's superannuation and decide within six weeks.
Petitioner directed to approach Chief Engineer dispitefully within four weeks for reasoned order on ACP claim within six weeks.
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.6110 of 2019
======================================================
Sheo Pravesh Rai, Son of Late Ram Dutt Rai, Resident of Village-Dihariyan, P.O.-Mahila, P.S. Itarhi, District-Buxar.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the Respondents : Mr. Durgesh Nandan (AAG-14) ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT
Date : 29-04-2019
Heard the learned counsel for the parties.
direction to the respondents to grant him the benefits of ACP as he is entitled to the same but with the only
impediment that he has not passed the Accounts examination, after crossing 50 years. This is the objection of the respondents also in making available to him the benefits of ACP. It has not been stated by the petitioner clearly, neither has the concerned fact been dealt in the counter affidavit viz. whether there was any cadre rules
Patna High Court CWJC No.6110 of 2019 dt.29-04-2019 2/3
providing avenues of promotion before the petitioner superannuated and any promotional avenue was available
in such cadre. In the absence of cadre rules providing for promotion in the same cadre, the requirement of passing the departmental examination may not be insisted upon. These aspects must be gone into by the concerned authority in case the petitioner represents before such authority for redressal of his grievance.
any promotional avenues available till the time he remained in service, who on receipt of such representation, dispose it of by passing a reasoned order after verifying the records and the current exposition of law over the
Patna High Court CWJC No.6110 of 2019 dt.29-04-2019 3/3
issue, within a further period of six weeks thereafter. If the claim of the petitioner is found to be admissible/tenable,
necessary sequel order shall also be passed within the
aforesaid period.
writ petition is disposed of.
(Ashutosh Kumar, J)
krishna/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 01.05.2019 |
| Transmission Date |
1 issue framed by the court
Whether the petitioner is entitled to Additional Casual Privilege (ACP) benefits despite not passing the Accounts examination after 50 years.
Sheo Pravesh Rai
The State of Bihar
The Principal Secretary Minor Irrigation Department
The Principal Secretary (Expenditure) Department of Finance
The Chief Engineer, Minor Irrigation Department
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
