Raman Mohan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4833 of 2019 ====================================================== Raman Mohan Jha, aged about 63 years, Gender-Male, S/o Late Baldeo Jha Resident of Village Mangrauni P.S Rajanagar District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

3.

The Principal Secretary, Finance, Government of Bihar, Patna. 4.

Deputy Secretary, Department of Finance, Government of Bihar, Patna. 5.

District Magistrate, Patna.

6.

Additional District Magistrate, Revenue Section, Patna Collectorate, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 28-03-2019 The petitioner, who joined service in the year 1989 as Revenue Karamachari, has superannuated on the same post in the year 2016. Though, he was paid the 1st A.C.P. with effect from 18.07.2001 by order dated 12.01.2008, but in the pay-scale of 3200-4900/- only.

2. It has been submitted on behalf of the

Patna High Court CWJC No.4833 of 2019 dt.28-03-2019 2/3 petitioner that by virtue of a decision taken by the State on 09.09.2008 (contained in Annexure-3 to this writ application), the 1st A.C.P. would have been granted to the petitioner in the year 2001 in the pay-scale of 5000-8000/- and the 2nd A.C.P. in the pay-scale of 6500-10500/-. It is the case of the petitioner that though the 1st A.C.P. was granted to him with effect from 2001, but on a pay-scale which was lower than stipulated and has not been paid the 2nd A.C.P.

3. It is for the aforesaid grievance that the petitioner has approached this Court.

4. Mr. Binodanand Mishra, the learned counsel for the petitioner has specifically made a statement that the petitioner had attained all qualifications for being promoted to the higher post in the same Cadre and, therefore, was entitled to the higher pay-scale in 1st and 2nd A.C.Ps.

5. Mr. Mishra, learned Advocate, submits that the petitioner shall be satisfied if he is permitted to make a representation before the District Magistrate, Patna (respondent No. 5), detailing his grievances and charting out

Patna High Court CWJC No.4833 of 2019 dt.28-03-2019 3/3 the details of payments to which he is entitled under the 1st and 2nd A.C.Ps., in view of the relevant decisions/circulars of the State Government, within a period of 3 weeks from today.

6. The permission is accorded.

7. On receipt of such representation, the District Magistrate, Patna (respondent No. 5), after verifying the facts and affording hearing to the petitioner, shall pass a reasoned order in accordance with law, within a further period of 8 weeks thereafter.

8. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.03.2019 Transmission Date N/A