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Patna High CourtMJC/2557/2018disposed

Satyanarayan Singh v. The State Of Bihar Through Chaitanya Prasad, The Secretary, Urban Development Department, Governmen

2023-09-27Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2557 of 2018 In Civil Writ Jurisdiction Case No.16681 of 2009 ====================================================== Satyanarayan Singh, S/o Late Paltan Singh, resident of Mohalla- New Colony, Pani Tanki Road, Khajekalan, P.S. Khajekalan, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chaitanya Prasad, the Secretary, Urban Development Department, Government of Bihar.

2.

Patna Municipal Corporation through Keshav Ranjan Prasad, the Chief Executive Officer, Patna.

3.

Keshav Ranjan Prasad, Chief Executive Officer, Patna Municipal Corporation, Water Board Section Buddh Marg, Patna-Gaya Road, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Opposite Party/s :

Mr. Yashraj Vardhan, Advocate For the State :

Mr. Rakesh Ambastha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-09-2023 Heard Mr. Alok Ranjan, learned counsel for the petitioner, Mr. Yashraj Vardhan, learned counsel for the Patna Municipal Corporation and Mr. Rakesh Ambastha, learned counsel for the State.

2. The petitioner presses the present application for initiation of a contempt proceeding for the alleged willful defiance of the order dated 10.04.2018, passed by a Bench of this Court in C.W.J.C. No. 16681 of 2009, whereby the learned Court has been pleased to direct the Patna Municipal Corporation to grant the benefit of time bound promotion as

2/4 well as A.C.P. to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

3. A show-cause has been filed on behalf of opposite party nos. 2 and 3 and it has been categorically averred that in compliance of the order of this Court, the petitioner has been extended the benefit of Assured Career Promotion Scheme vide Memo No. 754 dated 30.06.2018 and has been granted the benefit of 1st as well as 2nd ACP. Further submission has been made that the petitioner has been allowed the benefit of Time Bound Promotion by calculating his service w.e.f. 01.10.1980 to 30.11.2007. Initially he was paid an amount of Rs.3,75,129/-, but further remaining amount of Rs. 1,08,417/- has also been paid.

4. Learned counsel for the petitioner submits that from the materials available on record, especially letter no. 1573 dated 16.12.2019 (Annexure-R2/E), manifestly petitioner was allowed the payment of Rs.3,75,129/- and subsequently he has been paid Rs.1,08,417/- vide letter no. 325 dated 17.08.2023. He thus submits that had the period for which, an amount of Rs.1,08,417/- was given to the petitioner, been already added to the earlier amount of Rs.3,75,129/-, he would have been certainly made some extra amount, apart from hike in pension.

3/4 He further submits that the calculation chart of entire period has also not been submitted and, as such, the petitioner is facing difficulty in making proper calculation.

5. At this stage, learned counsel for the Corporation, while drawing the attention of this Court to the order under Contempt, submits that the writ petition was disposed of with only direction to ensure payment of ACP as well as Time Bound Promotion and the same has already been done. However, if the petitioner has still any grievance, he may approach the Executive Officer, Water Board Section, Patna Municipal Corporation.

6. In view of the averments made in the show-cause and the submissions advanced on behalf of the parties, the present contempt petition stands disposed of with liberty to the petitioner to file an application before the Executive Officer, Water Board Section, Patna Municipal Corporation, Patna, if he is not satisfied with the payment made.

7. It is needless to observe that if such application is filed by the petitioner, it is expected that opposite party no.3, Executive Officer, Water Board Section, Patna Municipal Corporation, Patna shall furnish a detailed calculation chart to the petitioner, regarding his entitlement and payment under the

4/4 head of Time Bound Promotion/ACP.

(Harish Kumar, J) uday/supratimU