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Patna High CourtCWJC/6785/2018disposed

Ram Yash Sah v. The State Of Bihar And ORS

2018-04-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6785 of 2018 ====================================================== Ram Yash Sah S/o Sri Yougeshwar Sah, R/o Village-Rambhelahi, P.S. Parihar, Distt-Sitamarhi. At Present Posted as Electrical Junior Engineer, Electrical Works Section, Building Construction Department, Chapra Ubder Electrical Works Division, B.C.D. Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Building Construction Department, Bishesaraiya Bhawan, Bailey Road, Patna.

2. The Principal Secretary, Building Construction Department, Bishesaraiya Bhawan, Bailey Road, Patna.

3. The Joint Secretary, Building Construction Department, Bishesaraiya Bhawan, Bailey Road, Patna.

4. The Additional Secretary, Building Construction Department, Bishesaraiya BHawan, Bailey Road, Patna.

5. The Deputy Secretary, Building Construction Department, Bisheshraiya Bhawan, Patna.

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

For the Petitioner/s : Mr. Jai Prakash Verma For the Respondent/s : Mr. Raj Ballabh Pd. Yadav,AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2018 The writ petitioner by way of the present writ petition has prayed for the following reliefs:

(i) For issuance of a writ in the nature of mandamus for commanding and directing to the respondent authorities to pay to the petitioner arrears of revised L.P.C. w.e.f. 02.09.2008 to 31.07.2014 consequent to grant of 1st and 2nd A.C.P. benefits issued by the Comptroller, Bihar State Agriculture Marketing Board (dissolved), Patna along with annual increment and suitable interest thereon on due amount.

(ii) For payment of salary from 01.08.2014 to 20.07.2015 along with annual increment and

Patna High Court CWJC No.6785 of 2018 (2) dt.13-04-2018 2/2 suitable interest thereon for the period in which the petitioner was waiting for relieving order pursuant to the order of Transfer vide Office Order No. 213 dated 13.08.2014 issued under the signature of Deputy Secretary, Building Construction Department, Bihar, Patna and during the period the on which writ application bearing C.W.J.C. No. 16230 of 2014 challenging the said order of transfer was pending before the Hon'ble High Court.

(iii) For a direction to the respondent authorities to issue revised L.P.C. w.e.f. 20.07.2015.

(iv) And for the other necessary relief/reliefs for which the petitioners are entitled to in accordance with law.

The learned counsel for the petitioner submits that the petitioner be permitted to file a representation regarding the aforesaid grievances before the respondent no. 2. In such view of the matter, the petitioner is directed to file a representation regarding the aforesaid grievances before the respondent no. 2 within a period of two weeks and the respondent no. 2 shall dispose of the same by a speaking and reasoned order within a period of four weeks thereafter.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U