IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10749 of 2010
1. Ram Chandra Prasad S/O Late Deo Narayan Mahto R/O Vill.-
Tejja Bigha, P.S.- Noorsarai, Distt.- Nalanda
2. Paras Nath Singh S/O Late Ramu Mahto R/O Vill.- Onda, P.S.-
Asthawan, Distt.- Nalanda
3. Jagdish Prasad S/O Late Vidya Nand Pandit R/O Mohalla-
Harnichak, P.S.- Phulwarisharif, Distt.- Patna
Versus
1. The State Of Bihar
2. The Secretary, Food And Consumer Protection Department,
Bihar, Patna
3. The Secretary, Personnel & Administrative Reforms Department,
Bihar, Patna
4. Managing Director, Bihar State Food & Civil Supplies
Corporation, Patna
5. The President, District Consumer Disputes Redressal Forum,
Nawadah
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For the Petitioners:- Mr. P. N. Pathak, Adv.
For the Respondent (State):- Mr. R. K. Chouby, Adv.
For the Respondent (Corporation):- Mr. R.S. Pradhan, Sr. Adv.
Mr. A. N. Rai, Adv.
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2. 11.11.2011 Heard learned counsel for the petitioners
and the State.
The claim in this application is to compute
the period of service rendered in the Bihar State
Food & Civil Supplies Corporation before absorption
in the Food and Commerce Department for purposes
of grant of A.C.P.
Counsel for the State takes an objection that
the denial to compute that period into consideration
for purposes of A.C.P. was passed in light of the
A.C.P. Rules. Under the A.C.P. Rules, 2003 which
are statutory in nature, there is no challenge to the
Rules. As long as the Rules stand the petitioners are
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not entitled to relief contrary to the Rules.
Leave is then sought to withdraw the writ
application to pursue appropriate remedies as the
petitioners may be advised.
The application is dismissed as withdrawn.
P. Kumar ( Navin Sinha, J.)