Patna High Court - Orders
Nagendra Nath Thakur & Ors vs The State Of Bihar & Ors on 18 October, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4940 of 2007
1. Nagendra Nath Thakur, SON OF RAMDINI THAKUR, RESIDENT
OF VILLAGE- CHATIJAN, P.S. MALAHI, BAZAR, DISTT. EAST
CHAMPARAN.
2. RAKESH KUMAR, SON OF LATE RAMASHISH SAH, RESIDENT
OF VILLAGE- CHHAJAN, P.S. TURKI, DISTT. MUZAFFARPUR.
3. KRISHNANDAN SINGH, SON OF LATE SAMRIT SINGH,
RESIDENT OF VILLAGE- RAMNAGAR, P.S. SAKARA, DISTT.
SAHARSA.
4. VISHWANATH MISHRA, SON OF LATE DINBANDHU MISHRA,
RESIDENT OF VILLAGE- BARHARA, P.S. BELHAR, DISTT.
BANKA.
5. RAM NARESH SINGH, SON OF LATE CHANDRIKA SINGH,
RESIDENT OF VILLAGE- DAYALPUR, P.S. MAHUA, DISTT.
VAISHALI.
6. BAIJNATH SINGH, SON OF LATE SRIKRISHNA SINGH,
RESIDENT OF VILLAGE- AKHTIYARPUR, P.S. UDWANT NAGAR,
DISTT. BHOJPUR.
7. PRAHLAD CHAND GHOSE, SON OF AMIR CHAND GHOSE,
RESIDENT OF VILLAGE- BEGAM SARAI, P.S. BACHHWARA,
DISTT. BEGUSARAI.
8. SITARAM SINGH, SON OF LATE KAILASH SINGH, RESIDENT
OF VILLAGE- DAKHINGAON, P.S. WAZIRGANJ, DISTT. GAYA.
9. BALESHWAR PRASAD MISHRA, SON OF LATE RAM LAKSHAN
MISHRA, RESIDENT OF VILLAGE- SINHMA KANTH, POST
OFFICE, MANGANPUR, DISTT. VAISHALI.
10. MD. HASIBURRAHMAN, SON OF MD. MUZIBUR RAHMAN,
RESIDENT OF VILLAGE/ MOHALLA- CHANDWA BINDESHWARI
COMPOUND, P.S. TOWN, DISTT. MUZAFFARPUR.
11. SRI NARIAN PRASAD SRIVASTAVA, SON OF LATE
LAKSHMAN PRASAD SRIVASTAVA. RESIDENT OF VILLAGE-
THEKAHA KOTHI, P.S. KATHAIYAN, DISTT. MUZAFFARPUR.
12. RAM KISHORE CHAUDHARY, SON OF RAM SHRESHTHA
CHAUDHARY, RESIDENT OF VILLAGE- BARARI BEHTA, P.S.
PUPARI, DISTT. SITAMARHI.
13. RAM LAKHAN PRASAD, SON OF LATE BENI MADHAV,
RESIDENT OF VILLAGE- MOHADDIPUR, P.S. CHIRAIYA, DISTT.
EAST CHAMPARAN. :---PETITIONERS.
Versus
1. The State Of Bihar THROUGH THE SECRERTARY, FINANCE
DEPARTMENT, BIHAR, PATNA.
2. THE COMMISSIONER, CUM-SECRETARY, WATER
RESOURCES DEPARTMENT, BIHAR, PATNA.
3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT,
MUZAFFARPUR.
4. THE SUPERINTENDING ENGINEER, TIRHUT CANAL CIRCLE,
MUZAFFARPUR.
5. THE SUPERINTENDING ENGINEER, DRAINAGE CIRCLE,
MUZAFFARPUR.
6. THE EXECUTIVE ENGINEER, WATER WAYS DIVISION,
MUZAFFARPUR.
2
7. THE EXECUTIVE ENGINEER, TIRHUT CANAL DIVISION
NO.1, MUZAFFARPUR :---RESPONDENTS.
----------------------------------
For the petitioners :- Mr. Rajendra Prasad Singh, Senior Advocate.
Mr. Rajeev Kumar Singh, Advocate.
For the State :- Mr. S.S.Shabbir Hussain, G.P. 4.
Mr. R.K.Sinha, A.C. to G.P.4.
========
3. 18.10.2011. Re: I.A.No. 216 of 2009.
During the pendency of the writ petition Petitioner No. 3 left for his heavenly abode on 4th April, 2007 leaving behind his wife Meena Devi as his legal heir.
2. Let the name of Petitioner No. 3 be expunged from the array of parties and Meena Devi be substituted in his place.
3. I.A. No. 216 of 2009 is, accordingly, disposed of.
4. Heard learned counsel for the petitioners and the State.
5. There are 13 petitioners in the writ petition, who at the relevant time served in different offices of Respondent Nos. 3-7. This writ petition has been filed praying, inter alia, to direct the authorities to consider the case of the petitioner for grant of A.C.P. benefits in the light of the notification of the Finance Department of the State Government dated 25.6.2003 with effect from the due date as according to the petitioners their service record is satisfactory and they have not earned 3 any substantive promotion during their service tenure and have been stagnating for more than 12/24 years in the service.
6. By filing counter affidavit State-respondents have opposed the prayer and has submitted that out of the 13 petitioners only petitioner no. 6, 7, 9, 11, 12 are qualified for being granted A.C.P. benefits and they have already been granted such benefit. Aforesaid statement is made in Paragraph 24 of the counter affidavit. In paragraph 7 of the counter affidavit the authorities have stated that request of Petitioner Nos. 1, 3, 10 has been forwarded to the Divisional Commissioner for considering their case for grant of exemption in the light of the circular of the State Government dated 15.5.1992 and is pending before the Divisional Commissioner, Muzaffarpur. So far the other petitioners, namely, Petitioner No. 2,4,5,8,13 are concerned according to the respondents they are not qualified for grant of exemption in the light of the Circular letter dated 15.5.1992. Grant of exemption to an employee from appearing in the Departmental Accounts Examination is to be considered by the Divisional Commissioner in the light of the service record of the employee concerned.
7. Accordingly, I direct the Superintending 4 Engineer, Respondent No 4 to forward the case of Petitioner Nos. 2,4,5,8,13 to the Divisional Commissioner within two months from the date of receipt of a copy of this order before the Superintending Engineer for consideration of their case for grant of exemption in the light of circular letter dated 15.5.1992 who should consider the same within another two months along with the case of petitioner Nos 1, 3, 10, which is already pending before the Divisional Commissioner. It goes without saying that the petitioners who are granted exemption by the Divisional Commissioner from appearing in the Departmental Accounts Examination be granted A.C.P. benefit from the date of grant of exemption within another one month from the date of receipt of the exemption order.
8. The writ petition is, accordingly, disposed of.
P.K.P. (V.N.Sinha,J.)