PATNA, India, Oct. 8 -- Patna High Court issued the following judgment on Sept. 8:
Heard learned counsel for the petitioner and learned counsel for the respondent State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has prayed for the grant of following reliefs:-
"A. For issuance of an appropriate writ/writs, order/orders, particularly in the nature of Certiorari, for quashing the order contained in Memo No. 2924 dated 01.12.2023 relating to the Petitioner issued by the District Panchayati Raj Officer, West Champaran, Bettiah, whereby the claim of the Petitioner for grant of Assured Career Progression (ACP) has been arbitrarily rejected on the ground of not having passed the Hindi Noting & Drafting Examination, which is unjust-. illegal, and contrary to law laid down by the Hon'ble Full Bench passed in CWJC No. 18827 of 2017 dated 28.06.2024 (Kamla Nand Thakur Vs. The State of Bihar & Ors).
B. For issuance of writ/writs, order/orders in the nature of Mandamus for directing the Respondents to grant entire benefits of A.C.Ps to the Petitioner along with consequential monetary benefits from the date of their eligibility as the Petitioner has been retired from service as Panchayat Sevak (Secretary) of Panchayat Binwaliya, Block-Narkatiyaganj. District West Champaran on 28.02.2009.
C. Pass such other Order/Orders as your Lordships may deem fit and proper."
4. Learned counsel for the petitioner submits that his case is squarely covered by a Full Bench decision of this Court passed in C.W.J.C. No. 18727 of 2017 dated 28.06.2024 (Kamlanand Thakur vs. The State of Bihar and Ors.) and therefore, he submits that the petitioner is prepared to file a detailed representation before the District Magistrate, West Champaran, Bettiah (Respondent No. 4) in light of the same.
5. Learned counsel for the petitioner further submits that the petitioner would be satisfied if an appropriate direction is issued by this Court directing the District Magistrate, West Champaran, Bettiah (Respondent No. 4) to decide the representation which will be filed by the petitioner in accordance with law after taking into account the Full Bench decision (supra).
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