Disposed

Krishna Deo Singh v. The State of Bihar

Patna HC24 Feb 2022CWJC/8508/2021

Case brief

AI extract

What is this about?

Petitioner sought payment of 3rd ACP benefits and quashing of an order denying his ACP status. The Court directed the concerned respondent to pass a speaking order within one month explaining the reasons for denial before disposing of the writ petition.

What did the court decide?

Direction to the concerned respondent to pass a speaking order within one month communicating the decision regarding petitioner's entitlement to 3rd ACP benefits.

Krishna Deo Singh Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8508 of 2021

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Krishna Deo Singh Son of Late Chakradhar Singh, Resident of Flate No. 203, 2nd Floor, Bhagwati Apartment M.G. Path, Near Hero Service Center, Bose Park, Jagdishpur, Bhagalpur, P.S.-Adampur, District-Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Secretary-cum-Commissioner, Minor Immigration Department Government of Bihar, New Secretariat, Patna.

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The Chief Engineer, Minor Immigration Department, Bhagalpur.

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The Superintending Engineer, Minor Immigration Circle, Bhagalpur.

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The Executive Engineer, Aayojan and Monitoring Division, Bhagalpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Mrigendra Pratap Singh For the Respondent/s : Mr. Anirban Kundu, SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 24-02-2022

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Heard learned counsel for the parties.

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State counsel accepts notice for respondent Nos. 1 to

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Counsel for the petitioner is hereby directed to serve copy of the petition to the counsel for the State/respondents, if it is not already served.

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In the instant petition, petitioner has sought for the following relief/reliefs:

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“That this is an application for issuance of an appropriate writ and/or order and/or direction commanding the respondents to pay after granting the 3^rd ACP its benefits including the monetary benefits.

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Patna High Court CWJC No.8508 of 2021 dt.24-02-2022 2/2

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(i) The petitioner further prays that after the grant of the benefits of 3^rd A.C.P. the final pension of the petitioner be revised if required and the arrears etc. be paid by granting the 3^rd benefits of A.C.P.

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(ii) The petitioner in this connection also prays that the order contained in Memo No. 265 dated 24.01.2019 by which the A.C.P. of the petitioner was denied be quashed.”

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Perusal of the counter affidavit, it is evident that there

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is statement that the petitioner is not entitled for the relief sought in the present petition, however, no order has been passed so as to enable the petitioner to question the validity of reasons by which petitioner is not entitled for 3^rd A.C.P. Therefore, the concerned respondent is hereby directed to pass a speaking order and communicate the decision to the petitioner within a period of one month from the date of receipt of this order.

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Accordingly, writ petition stands disposed off.

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(P. B. Bajanthri, J)

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GAURAV S./-

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Uploading Date	04.03.2022
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Krishna Deo Singh v. The State of Bihar

Case brief

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Krishna Deo Singh v. The State of Bihar

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