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Dr.Shree Prasad Vs. the State of Bihar and ors

Dr.Shree Prasad vs The State of Bihar and ors

Type Court Judgment Court Patna Decided May 11, 2012
~2 min read
https://sooperkanoon.com/case/975162

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Dr.Shree Prasad

Respondent

The State of Bihar and ors

Excerpt

in the high court of judicature at patna civil writ jurisdiction case no.690 of 2012 ====================================================== dr.shree prasad .... .... petitioner/s versus the state of bihar & ors .... .... respondent/s ====================================================== appearance : for the petitioner/s : mr. dhruba mukherjee for the respondent/s : mr. manoj kr. ambasta gp14 ====================================================== coram: honourable mr. justice kishore kumar mandal oral order (per: honourable mr. justice kishore kumar mandal”11. 01-2012 learned counsel for the petitioner, learned a.c. to g.p. 15 and learned counsel for the accountant general are present. learned counsel for the petitioner contends that owing to non-furnishment of clarification by the government as sought by the office of the accountant general, the post retiral dues have not been settled and paid to the petitioner. learned counsel further contends that although the petitioner superannuated from the service as medical officer w.e.f. 31.1.2010 but subsequently by notification dated 30.12.2010 (annexure-7), he was considered along with others and granted benefit udder the assured career progression scheme. it is contended that the authorities are required to take into consideration the said order granting benefit under the a.c.p. to the petitioner while computing the retiral patna high court cwjc no.690 of 2012 (2) dt.11-01-2012 2 benefits payable to the petitioner. learned a.c. to g.p. 14 prays for and is granted six weeks time to take instruction and file counter affidavit. let such counter affidavit be filed within six weeks. it will also be open to the respondent accountant general to file counter affidavit. post this matter after eight weeks in the same list. time, in the meanwhile, shall be utilized by the parties to complete the pleadings. (kishore k. mandal, j) pankaj kumar/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.690 of 2012 ====================================================== Dr.Shree Prasad .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhruba Mukherjee For the Respondent/s : Mr. Manoj Kr. Ambasta Gp14 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL”

11. 01-2012 Learned counsel for the petitioner, learned A.C. to G.P. 15 and learned counsel for the Accountant General are present. Learned counsel for the petitioner contends that owing to non-furnishment of clarification by the government as sought by the office of the Accountant General, the post retiral dues have not been settled and paid to the petitioner. Learned counsel further contends that although the petitioner superannuated from the service as Medical Officer w.e.f. 31.1.2010 but subsequently by notification dated 30.12.2010 (Annexure-7), he was considered along with others and granted benefit udder the Assured Career Progression Scheme. It is contended that the authorities are required to take into consideration the said order granting benefit under the A.C.P. to the petitioner while computing the retiral Patna High Court CWJC No.690 of 2012 (2) dt.11-01-2012 2 benefits payable to the petitioner. Learned A.C. to G.P. 14 prays for and is granted six weeks time to take instruction and file counter affidavit. Let such counter affidavit be filed within six weeks. It will also be open to the respondent Accountant General to file counter affidavit. Post this matter after eight weeks in the same list. Time, in the meanwhile, shall be utilized by the parties to complete the pleadings. (Kishore K. Mandal, J) PANKAJ KUMAR/-

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