Shiv Shankar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5135 of 2021 ====================================================== Shiv Shankar Sinha Son of Late Siabar Sharan Resident of Ward No. 1, Behind Global School, Amghatta Road, Dumra, Police Station- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

3.

The District Magistrate, Sitamarhi.

4.

The Sub Divisional Officer, Sitamarhi Sadar, Sitamarhi. 5.

The District Supply Officer, Sitamarhi.

6.

The Sub Divisional Officer, Benepatti, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Advocate For the Respondent/s :

Mr. Vijay Kumar Sinha, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 12-12-2022 Heard Mr. Ravindra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Vijay Kumr Sinha, learned AC to AAG 5.

Mr. Singh, learned counsel for the petitioner fairly submitted that during the pendency of the present writ petition, substantive retiral/outstanding dues of the petitioner have stood paid to him, save and except the benefits of 2nd ACP, 3rd MACP and further salary for 37 months', the period of which has been fully described in paragraph no. 12 of the writ petition. He next submits that if the present writ petition stands disposed of with a

Patna High Court CWJC No.5135 of 2021 dt.12-12-2022 2/2 liberty to the petitioner to file a representation before the respondent no. 2, he would be satisfied.

Learned counsel for the State has no objection. In view of the submissions made on behalf of the parties, the present writ application stands disposed of with a direction to the petitioner to file a representation before the respondent no. 2 for redressal of his remaining grievance with regard to the payment of financial progression under the 2nd ACP, 3rd MACP and the salary for the period in question, within a period of eight weeks'. If such a representation is filed before the respondent no. 2, he shall consider the same and pass a reasoned and speaking order, within a further period of eight weeks'. Accordingly, the present writ application stands disposed of with the aforesaid liberty.

It is needless to say that if the claim of the petitioner find favor, necessary order for payment of the same would be passed, in accordance with law.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13 .12.2022.

Transmission Date NA