Krishndeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3193 of 2020 ====================================================== Krishndeo Kumar, son of Dahu Mistri resident of Village- Benipur, Police Station- Angari, District- Nalanda, at present, resident of Mohalla- Behat Koshi Colony, Post- Kabirchak, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Deputy Secretary (Management), Water Resources Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Flood Control Circle, Water Resources Department, Darbhanga.

5.

The Executive Engineer, Flood Control Division, Water Resources Department, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Yadav, Adv.

For the State :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed with a prayer for grant benefit of 1st and 2nd ACP and also MACP to the petitioner.

3. Learned counsel for the petitioner submits that the petitioner has joined his service as Junior Engineer in the Department of Water Resources, Govt. Of Bihar in the Office of Executive Engineer, Flood Control, Division no.1, Jhanjharpur,

Patna High Court CWJC No.3193 of 2020(2) dt.07-12-2023 2/3 Madhubani. Counsel also submits that he has retired from the service on 31.07.2015 and filed representation to the authorities on 08.09.2016, 08.06.2017 and again on 27.06.2019 for grant of his ACP/MACP and benefits attached thereto which is annexed as Annexure-2 series. Counsel further submits that lastly the petitioner has filed the present writ petition in the year 2020. Counsel also submits that the counter affidavit has not been filed in this case and it is made clear that counsel for the State seeks time.

4. Learned counsel for the State submits that during Covid-19 period, the counter affidavit has been received but could not be filed, but in the said counter affidavit there is no clear stand.

5. It transpires to the Court that the Bihar Government Servant Grievance Redressal Rules, 2019 has come into force on 03.06.2019 in which liberty has been granted to raise grievances before the Services Grievances Redressal Officer relating to promotion, ACP, MACP etc.

6. In this view of the matter that it is a long pending matter since year 2020 before this Court, this Court is of the opinion that by continuing the pendency, the petitioner shall further suffer and it is due to this reason, this Court dispose of

Patna High Court CWJC No.3193 of 2020(2) dt.07-12-2023 3/3 this writ petition directing the petitioner to file fresh representation in the form of complaint in accordance with Bihar Government Servant Grievance Redressal Rules, 2019 and the Redressal Officer is directed to make payment of all admissible dues and in case of any reason, if dues has not been paid, then he shall pass a reasoned and speaking order in this matter within 60 days as mentioned in Redressal Rules, 2019 from the date of production of the fresh representation along with this order.

7. With the above observations and directions, this writ petition is hereby disposed of.

(Dr. Anshuman, J.) Divyansh/- U