IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9828 of 2006
SURESH PRASAD
Versus
THE STATE OF BIHAR & ORS
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For the Petitioner: None
For the State of Bihar: Mr. D.Kumar AC to SC-5
For the State of Jharkhand:Mr. Dhurba Mukherjee,Advocate
For the A.G. Jharkhand: Mr. L.P.K.Rajgrihar, Addl.
Standing counsel.
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2 22.11.2010 This writ application has been filed by the
petitioner for grant of benefit of first ACP and the corresponding
revision in the pay scale for the period 9.8.99 to 14.11.2000 from
the State of Bihar. That benefit has already been given to the
petitioner after 15.11.2000 that is the date when the Jharkhand
State was created on bifurcation.
No counter affidavit has been filed in the last four
years since the writ application was pending. However counter
affidavits on behalf of the State of Jharkhand and on behalf of the
Accountant General, Jharkhand have been filed. The necessary
notification is already there on record which has been issued by
the State of Jharkhand giving the benefit of 1st ACP.
Looking at the inaction on the part of the authority
of the State of Bihar, this writ application is disposed of with a
direction upon the Principal Secretary-cum-Commissioner (Home)
Police Department that he will look into the matter with regard to
grant of benefit of ACP for the period 9.8.1999 to 14.11.2000
taking into consideration the Notification No. 556 dated 22nd
February, 2005 annexed as annexure-5 and do the needful within a
period of four months from the date of communication/production
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of a copy of this order.
So far the grant of increment is concerned, no
order is given in this regard because withholding of increment is
fall out of the punishment imposed upon him.
This writ application is disposed of with the above
direction.
RPS (Ajay Kumar Tripathi,J.)