High Court Patna High Court - Orders

Ram Chandra Prasad & Ors vs The State Of Bihar & Ors on 11 November, 2011

Patna High Court – Orders
Ram Chandra Prasad & Ors vs The State Of Bihar & Ors on 11 November, 2011
                   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
                                               -----------

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.

—————

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
2

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The application is dismissed as withdrawn.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.)