IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5471 of 2011
SRI SHIVENDRA BARIAR, SON OF LATE GAYA PRASAD AMBATHA,
RESIDENT OF LOHSINGNA ROAD, HAZARIBAGH, P.S. SADAR,
HAZARIBAGH, JHARKHAND.
... ... PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVT.
OF BIHAR, OLD SECRETARIAT, PATNA.
2. THE SECRETARY, DEPARTMENT OF MINES AND MINERALS, GOVT.
OF BIHAR, PATNA.
3. THE JOINT SECRETARY, DEPARTMENT OF MINES AND MINERALS,
GOVT. OF LBIHAR, PATNA.
4. THE DIRECTOR, DEPARTMENT OF MINES AND MINERALS,
DISTRICT MINES OFFICE, GAYA.
5. THE ASSISTANT DIRECTOR, DISTRICT MINES OFFICE, GAYA.
6. THE ACCOUNTANT GENERAL (A & E), BIHAR, PATNA.
... ... RESPONDENTS.
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2. 29.3.2011. Heard Shri Shantanu Kumar, learned
counsel for the petitioner, Shri Rakesh
Kumar Chandram, learned A.C. to S.C.18,
appearing on behalf of respondent nos.1 to
5 and also learned counsel appearing on
behalf of respondent no.6/Accountant
General.
The petitioner, who retired with
effect from 1.9.2003 from the post of Mines
Inspector and functioning as Assistant
Mining Officer, Gaya, has prayed for
directing the respondents to make payment
of monetary benefit of 2nd A.C.P., which
was granted vide Annexure-1 to the petition
i.e. Memo No.180 dated 2.2.2010. Learned
counsel for the petitioner submits that
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petitioner had earlier filed representation
and the Assistant Director, Mines and
Mining Department, Gaya vide Annexure-4 to
the writ petition, has requested the
Director, Mines and Minerals Department,
Government of Bihar, Patna for sending his
Service Book. However, on one plea or the
other, actual benefit has not been given to
the petitioner.
The writ petition is being disposed
of granting liberty to the petitioner to
file a fresh representation before
respondent nos.3 and 5 enclosing therewith
photo copy of Service Book within a period
of six weeks from today. If such
representation is filed, both the
respondents i.e. respondent nos.3 and 5 are
directed to examine the same and pass
appropriate order redressing the grievance
of the petitioner within a period of two
months from the date of filing of such
representation. If the respondents consider
the claim of the petitioner as genuine,
they are required to issue sanction order
within two months from the date of filing
of such representation. It is expected that
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after receipt of the sanction order, the
respondent no.6/Accountant General will
issue authorization within one month from
the date of receipt of sanction from the
State Government.
With aforesaid observation and
direction, the petition stands disposed of.
N.H./ ( Rakesh Kumar,J.)