Disposed¶21

Parwati Devi v. The State Of Bihar and Ors.

Patna HC19 Aug 2024CWJC/1844/2015

Case brief

AI extract

What is this about?

Keywords: ACP; MACP; Assured Career Progression; financial progression; regular promotion; superannuated employee; pension refixation; arrears of pension; gratuity; GPF; leave salary; statutory interest; representation to appropriate authority; Amresh Kumar Sinha (SC); Kamlanand Thakur (Patna HC Full Bench); Bihar health services; writ disposed with liberty to file representation. Use when advising a retired Bihar government employee on the route of filing a representation for ACP/MACP and retiral benefits instead of continued litigation.

What did the court decide?

Liberty to the petitioner to file a detailed representation before the appropriate authority for consideration of her ACP/pension claims in light of Amresh Kumar Sinha (Apex Court) and Kamlanand Thakur (Full Bench of Patna High Court); no substantive monetary relief adjudicated.

Parwati Devi Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who has already superannuated, is entitled to grant of all Assured Career Progression (ACP) benefits, fixation of pension in revised scale, and payment of arrears of pension and current pension, arrears of salaries, revised gratuity, General Provident Fund amount, leave salary and other consequential benefits with statutory interest.

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Court's answer

The petitioner, who has already superannuated, may file a detailed representation before the appropriate authority to consider her case in light of the law laid down by the Apex Court in Amresh Kumar Sinha and the Full Bench of this Court in Kamlanand Thakur; on this direction the writ petition is disposed of.

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Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), by order dated 19-08-2024, disposed of CWJC No.1844 of 2015 filed by Parwati Devi, a superannuated petitioner seeking all Assured Career Progression (ACP) benefits, refixation of pension in revised scale and payment of arrears of pension and salaries, revised gratuity, GPF amount, leave salary and other consequential benefits with statutory interest. Noticing that, during pendency of the petition, the Apex Court in Amresh Kumar Sinha & Ors. v. The State of Bihar & Ors. (SLP (C) Nos. 8219-8226 of 2016) held that grant of ACP/MACP is by way of financial progression and does not amount to giving regular promotion, as clarified by the Full Bench of the Patna High Court in Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017), the Court directed that the petitioner may file a detailed representation before the appropriate authority for consideration of her case in light of those decisions, and disposed of the writ petition accordingly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1844 of 2015

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======================================================

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Parwati Devi Wife of Sri Baidyanath Chaudhary, Resident of West Jai Prakash Nagar, P.S - Jakkanpur, District - Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar through Director-in-Chief, Health Services, Government of Bihar, Patna

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The Civil Surgeon, Arwal.

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The Incharge Medical Officer, Primary Health Center, Kaler, Arwal

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The District Provident Fund Officer, Jehanabad.

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The Accountant General Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mithilesh Kumar Upadhyay, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG 13 Mr. Arya Achint, AC to AAG 13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 19-08-2024 Petitioner has inter alia prayed for following reliefs in

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the paragraphs No.1 of the writ petition:-

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“That this writ application is being filed for a direction to authorities to grant benefits of all Assured Career Progressions in short ACP to the petitioner, which she is entitled to be given and thereafter be pleased to direct respondents to fix the pension in revised scale and to make payment of arrears of pension, current pension, arrears of salaries, revised gratuity, General provident Fund amount, leave salary and other consequential benefits with statutory interest to the petitioner and/or any other order/orders may be passed in the facts and circumstances of the case.”

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During pendency of the writ petition, the Apex

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Court in the case of Amresh Kumar Sinha & Ors. v. The State

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Patna High Court CWJC No.1844 of 2015(4) dt.19-08-2024 2/2

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of Bihar & Ors. (SLP (C) Nos. 8219-8226 of 2016) has held that grant of benefit of ACP/MACP is by way of financial progression and the same will not amount to giving regular promotion to the employee and later on the same was clarified by the Full Bench of this Court in case of Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017) and other analogous cases. As such, the petitioner, who has already superannuated, if so advise, may file a detailed representation before the appropriate authority to consider her case in light of the law laid down by the Apex Court in the case of Amresh Kumar Sinha (Supra) and the Full Bench of this Court in the case of Kamlanand Thakur (Supra) .

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The writ petition is, accordingly, disposed of.

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(Purnendu Singh, J)

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Sanjay/-

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Parwati Devi v. The State Of Bihar and Ors.

Case brief

What is this about?

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Parwati Devi v. The State Of Bihar and Ors.

Case brief

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