The Court directed the respondent to examine the petitioner's service records against ACP and MACP schemes to determine eligibility and pay due earned leave salary within four months or pass a speaking order.
Direction to examine service records and grant ACP/MACP benefits or pass speaking order within four months.
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.4557 of 2021
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Dhirendra Kumar Verma, Son of Late Satyadeo Prasad Verma, Resident of Village-Tikulia, Ward No. 13, P.O. Tikulia, P.s. Chanpatia, West Champaran, Bihar.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Priyank Samdarshi For the Respondent/s : Mr. Lalit Kishore (AG) Mr. Raghwanand (GA-11)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 15-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19 pandemic.
Learned counsel for the State accepts notice for the respondents.
Learned counsel for the petitioner is hereby directed to serve copy of the petition to learned counsel for the
Patna High Court CWJC No.4557 of 2021 dt.15-02-2022 2/4
respondents, if it is not already served.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
For issuance of writ/writs in nature of mandamus
commanding/directing the official respondent to execution of the official order no. 104/1325/Kri, Patna dated 14.12.2012 issued by respondent no.5, Joint Director Agriculture (Plant Protection) Bihar Patna in which petitioner in Serial No. 8 as per the seniority list whereby and where under the official order stated that ACP and MACP have to be implemented which was due from the letter no. 164 dated 04.02.2011 letter no. 1033 dated 19.10.11, letter no. 738 dated 07.07.12 letter no. 802 dated 23.07.12 and letter no. 803 dated 23.07.12 in concerned of that the following incumbent has to be get the
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ACP and MACP in which the petitioner status in Sl. No. 8 (Annexure P-1) and further to pay the due of earned leave from the period of 29.09.11 to 30.10.11 as the petitioner rendered his service as field operator Bettiah, West Champaran in department of Agriculture (plant protection) Bihar, Patna but uptill now no payment has been paid in this regard to the petitioner inspire of several representation.
The aforesaid relief is supported by representations dated 16.11.2017 vide Annexure P-3 and Annexure P-4. The concerned respondent is hereby directed to examine the petitioner’s service particulars read with ACP and MACP scheme/rules. If the petitioner fulfills the criteria laid down in the aforesaid scheme/rules read with service particulars of the petitioner, petitioner shall be extended ACP and MACP benefit alongwith monetary benefits including interest at the rate of 6 % per annum. Interest is restricted to three years prior to filing of the present petition and till payment is made. If the petitioner is
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not entitled, in that event, a necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of four months from the date of receipt of this order.
With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J)
Ankit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 18.02.2022 |
| Transmission Date | NA |
1 issue framed by the court
Whether the respondent should examine the petitioner's service particulars to grant ACP and MACP benefits as per the government order.
Dhirendra Kumar Verma
The State of Bihar
The Principal Secretary, Department of Agriculture, Govt. of Bihar, Patna
The General Secretary, Department of Agriculture, Bihar, Patna
The Agriculture Production Commissioner
The Joint Director of Agriculture (Plant Protection)
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
