Lalit Narayan Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16448 of 2018 ====================================================== Lalit Narayan Mishra S/o Late Jagat Narayan Mishra, Resident of Village +P.O.- Jainagar Brahmantol, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

2.

The Chief Engineer, Rural Works Department, Bihar, Patna. 3.

The Superintending Engineer, Rural Works Department, Works Division, Darbhanga.

4.

The District Magistrate, Madhubani.

5.

The Treasury Officer, Madhubani.

6.

The Executive Engineer, Rural Works Department, Works Division, Jhanjharpur, Madhubani.

7.

The Accountant General, Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Respondent/s :

Mr.Uday Shankar Sharan Singh- Gp19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-01-2021 Heard learned counsel for the petitioner and learned counsel for the respondents.

The parties are in agreement that the dues admissible under the head(s) retiral benefits have been paid to the petitioner. The only issue which remains is consideration of the petitioner's application for exemption from passing the Departmental Examination for which the petitioner's counsel submits that he has already made an application to the Competent Authority. Learned counsel for the petitioner submits

Patna High Court CWJC No.16448 of 2018(5) dt.21-01-2021 2/2 that he will give application afresh though he has earlier submitted an application in the year 2005. Submission is made so as to facilitate consideration of his claim for exemption from passing the Departmental Examination. The petitioner would be at liberty to submit his application for exemption within a period of three (03) weeks from today. In the event such an application is submitted the Chief Engineer, Rural Works Department, Bihar, Patna (Respondent No 2) will consider the claim of the petitioner, pass a reasoned and speaking order thereupon within eight (08) weeks thereafter. Within the same time, the order should also be issued for payment of the consequential amounts found due on account of grant of benefits under the Assured Career Progression. The actual payments should also be expedited within four (04) weeks thereafter.

This disposes of the writ application.

(Madhuresh Prasad, J) shyambihari/- U