Madhusudan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5967 of 2016 ====================================================== Madhusudan Sharma S/O Late Baldeo Sharma, R/o Vill. Dudha Chaturi, P.S. Majhauliya, Dist West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Animal Husbandry, Govt. of Bihar.

2.

The Director Department of Animal Husbandry, Govt. of Bihar, Vikash Bhawan, floor, Bailey Road, Patna 3.

The Accountant General, Bihar, Patna.

4.

The Treasury Officer, West Champaran at Bettiah. 5.

The District Animal Husbandry Officer, Bettiah West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sharma, Advocate For the State :

Mr. Madhukar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-10-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(i) For direction/directions upon the concerned Respondents to grant the benefit of third financial progression in higher pay (ACP) to the petitioner along with all consequential benefits with effect from appropriate dates as per the circular of the Department of Finance, Govt. of Bihar dated 30.06.2015 issued under the signature of Additional Secretary, granting the benefit of third financial progression in the pay scale of Pay Band 1 + Rs. 2800/- (Grade pay} to all those employees who have completed their 30 years of satisfactory

Patna High Court CWJC No.5967 of 2016(2) dt.06-10-2023 2/3 service as per Modified assured career progression 2010 scheme (MACP Scheme 2010).

(ii).

For further issuance of appropriate directions upon the concerned authorities to consider the case of the petitioner and to grant him aforesaid benefits along with the differences of salary and arrear of gratuity with applicable interest to the petitioner without any further delay or within stipulated period as may be fixed by this Honble Court."

2.

At the outset, the learned counsel for the respondent-State has referred to paragraph nos. 9 to 11 of the counter affidavit, filed in the present case, to submit that the authority for revised pension and gratuity in the pay-scale-PP-1 GP-2800/- has already been issued by the Accountant General Bihar, Patna, on 12.09.2016. It is also submitted that the sanction order dated 17.09.2016 has also been issued for payment of revised amount of leave encashment and the claim raised by the petitioner has been redressed, as also the benefits have already stood paid to the petitioner, including payment of arrears of salary, hence it is submitted that the present writ petition has been rendered infructuous.

3.

The learned counsel for the petitioner submits that if that be the case, the petitioner is not having any grievance at

Patna High Court CWJC No.5967 of 2016(2) dt.06-10-2023 3/3 the moment, however, he be granted liberty to approach the respondent-authorities in case of any subsisting grievance. Liberty so sought is granted.

4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U