RAM PUKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned AC to AAG 4 for the State; learned counsel for the State of Jharkhand as also learned counsel for the Accountant General, Bihar.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) The issue relates to grant of ACP to the petitioner while he was in service, which was later on withdrawn by the State of Jharkhand which also covered the case of the petitioner as at the relevant time, he was posted in the present State of Jharkhand when such order was passed against him. Challenge to the same before this Court ultimately travelled to the Division Bench which, by order dated 21.08.2017 in LPA No. 1298 of 2016, was disposed off giving liberty to the petitioner to challenge the same before the authorities in Jharkhand, as the cause of action arose in the State of Jharkhand. However, it was observed that depending upon the outcome of the said challenge, the appellant would be entitled to be paid or granted the consequential benefit accruing thereto from the State of Bihar. It appears that without the petitioner himself filing any application before the Jharkhand High Court, four other similarly situated persons filed WP(S) No. 5262 of 2014 before the Jharkhand High Court in which, by judgment dated 05.07.2016, such withdrawal of ACP was set aside. In the said case, the Court had also directed that the benefit of the order shall be given to other similarly situated officers also irrespective of the fact whether they are still in service or retired, without unnecessarily forcing them to approach to the Court for the same relief. In challenge to the same before the Division Bench of Jharkhand High Court in LPA No. 99 of 2018, the prayer for interim stay of order of the judgment dated 05.07.2016 in WP(S) No. 5262 of 2014 ( Shyam Narayan Dubey and Ors. vs. The State of Jharkhand & Ors .) was rejected.