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Patna High CourtCWJC/1913/2020disposed

Radhey Prasad Singh, v. The State Of Bihar

2020-02-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1913 of 2020 ====================================================== Radhey Prasad Singh, son of of Late Ram Dyal Singh, Resident of Van Bihar Colony, N.T.P.C., Phej-2, B.M.P., P.S. Phulwarisharif, DistrictPatna.presently resident of Van Bihar Colony, P.s. Rajiv Nagar, Patna- 25. ... ... Petitioner

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Urban Development Department, govt. of Bihar, Patna.

3.

The Special Secretary, Urban Development Department, Govt. of Bihar, Patna.

4.

The Secretary-Cum-Commissioner, Urban Development Department, Govt. of Bihar, Patna.

5.

The Treasury Officer, Birman Bhawan, Bailey Road, Patna. 6.

The Chief Town Planner (Town and Country Planning Organization), Urban Development, govt. of Bihar, Patna.

7.

The Accountant General, Government of Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ataul Haque For the Respondent/s :

Mr.Kinker Kumar (Sc9) Mr. Yogesh Kumar, AC to SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-02-2020 In respect of his claim for certain pay scale, the petitioner has submitted his representation before respondent Nos. 2 and 3 by Annexures 5 and 6. It is petitioner's grievance that in spite of such representation having been filed in the year 2015 no action has been taken on the same till date.

The issue therefore is yet to be considered by the authorities. Since the claim of the petitioner has to be examined with reference to the petitioner's service record and the same is pending before the authorities, at this stage no adjudication would be required in the instant proceeding. Pendency of the writ petition would thus be futile. The same is accordingly disposed of with a direction to

Patna High Court CWJC No.1913 of 2020(2) dt.20-02-2020 2/2 respondent No. 3 to take a decision on the petitioner's claim as contained in Annexure 6 and to pay the due and admissible monetary benefits. The authorities should complete the entire exercise within a period of three months from the date of receipt/production of a copy of this order. The authorities would be obliged to pass a reasoned and speaking order in accordance with law in this regard. The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U