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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the parties are present.
Learned counsel for the parties have submitted that one Notification No. 85 dated 05.01.2022 has been issued by the State of Bihar wherein the petitioner has been granted the benefit of 2nd ACP w.e.f. 09.08.1999. The learned counsel for the State of Jharkhand has submitted that as per the counter affidavit filed by the State of Jharkhand, State of Jharkhand has already undertaken correspondence with the State of Bihar for the purposes of considering the claim of the petitioner and the last communication which was made was vide letter No. 1707 dated 25.09.2020, a response to which is still awaited. The learned counsel has also submitted that entire financial liability arising out of the so called order passed by the State of Bihar regarding grant of 2nd ACP to the petitioner will ultimately be borne by the State of Jharkhand in view of the fact that the petitioner has ultimately superannuated from the State of Jharkhand, therefore the final call is required to be taken by the State of Jharkhand.
Learned counsel for the State of Bihar is directed to seek instructions and file a supplementary counter affidavit by 12.09.2022 bringing on record the aforesaid Notification No. 85 dated 05.01.2022 and also explain as to whether the State of Bihar was competent to pass any order with regard to grant of ACP to the petitioner when the petitioner has ultimately retired from the State of Jharkhand.
Rejoinder, if any, should be filed by the petitioner by 19.09.2022.
The State of Jharkhand shall also file a response by 19.09.2022 to the counter affidavit to be filed by the State of Bihar. The State of Jharkhand shall also bring on record final decision, if any, by the state of Jharkhand with regard to the claim of 2nd ACP of the petitioner.
Post this case for further hearing on 22.09.2022 in the supplementary cause list.
Let this matter be treated as part heard.