VIJAY KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for grant of the benefits of ACP w.e.f. 09.08.1999 to the deceased father of the petitioner and for payment of all the consequential benefits thereof.

(2.) The brief facts of the case are that the deceased father of the petitioner joined service on 01.04.1970 and died in harness on 16.10.2005 while working on the post of Correspondence Clerk at Rural Development Department, Division-I, Samastipur. It is submitted that earlier also a writ petition bearing CWJC No. 12832 of 2013 was filed before this Court by the mother of the petitioner, however, during the course of arguments, it transpired that the services of the deceased father of the petitioner has not been confirmed, hence, the said writ petition was permitted to be withdrawn by an order dated 14.12.2016. Subsequently, upon enquiry it transpired that the services of the deceased father of the petitioner had stood confirmed, however, he has been denied the benefits of ACP on the ground of non-passing of the departmental accounts examination.

(3.) Per contra, the learned counsel for the respondents, by referring to the counter-affidavit, has submitted that since the deceased father of the petitioner has failed to pass the departmental examination, he has not been granted the benefits of ACP.