Ram Babu Ravi @ Ram Babu Ram vs State of Bihar

Partha Sarthy, J

Heard learned counsel for the parties.

The petitioner has filed the instant application for the following relief (s) :-

"1. i) For payment of two Assured Career Progression (ACP) monetary benefits both in view of office order dated 09.08.1999 issued under the signature of Respondent no. 7i.e State Malaria Officer, Jharkhand, Ranchi vide its memo no. 321 dated 07.06.2004 which was communicated to the father of petitioner vide memo 828 dated 03.06.2008.

ii) For grant of assured Career Progression (ACP) monetary benefits from the date of entitlement in favourof father of the petitioner.

iii) For grant of arrear pension after payment of ACP monetary benefits on the basis of revised pay scale of the father of the petitioner which were ought to be paid to him along with interest in accordance with law.

iv) For any other alternative relief/reliefs under the circumstances of the case."

The case of the petitioner in brief is that the petitioner's father Late Shambhunath, who joined service at Malaria Health Centre, Ara in the year 1965 served in various Districts of the State of Bihar and finally retired on 28.2.2001 when he was posted at Primary Health Centre, Chas, Bokara, Ranchi, then under the State of Bihar.

By memo no. 321 dated 7.6.2004 issued by the State Malaria Officer, Jharkhand, Ranchi, the father of the petitioner came to be granted both the 1st and 2nd ACP with effect from 9.8.1999, the financial benefits of which was to be paid with effect from 15.11.2000.

The father of the petitioner did not receive the financial benefits and ultimately died on 1.9.2021. His mother had predeceased his father on 23.10.2013.

By filing the instant writ application, the petitioner has prayed for a direction to the respondents to give the monetary benefits of the two ACPs, both having been granted to the father of the petitioner by order dated 7.6.2004.

Learned counsel for the petitioner submits that as required by the respondents, the petitioner submitted all the required documents including the parivarik suchi issued by the Circle Officer, Koilwar, however the financial benefits under the two ACPs have still not been given to the petitioner.

The application is opposed by learned counsel appearing for the respondent- State of Jharkhand. Referring to the counter affidavit filed, it is submitted by learned counsel that on perusal of the parivarik suchi brought on record by the petitioner, it would be evident that the deceased father of the petitioner left behind two sons and two daughters, details of whom have been given in the parivarik suchi. As such the petitioner would be required to submit the succession certificate for payment of dues amount.

Having heard learned counsel for the parties and having perused the contents of the petition, even as per the case of the petitioner, as per the parivarik suchi produced by him, there being four children of the deceased employee, the Court finds the requirement of the respondents for the petitioner to provide the succession certificate to be reasonable.

In view of the facts and circumstances of the case, let the petitioner produce before the respondents, the succession certificate issued by a Court of law, on production of which along with a representation, the respondents shall calculate and pay the benefits of the two ACPs payable to the father of the petitioner without any delay.

On payment of the ACPs, the petitioner will be at liberty to file a representation before the respondent authorities for payment of the arrears of pension on account of its revision which shall be decided by the respondents and the amount found payable be paid without any delay.

The writ application stands disposed of.