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Patna High CourtCWJC/19545/2015disposed

Baidyanath Singh v. The State Of Bihar And ORS

2023-09-27Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19545 of 2015 ====================================================== Baidyanath Singh S/o Late Dinanath Singh, Resident of Aara Road, Vikramganj, Rohtas, P.S. Bikramganj, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Water Resources Department, Government of Bihar, Patna.

4.

The Chief Engineer, Water Resources Department, Dehri. 5.

The Under Secretary, Water Resources Department, Govt. of Bihar, Patna. 6.

The Executive Engineer, Sone Nahar Division, Bikramganj. 7.

The Deputy Secretary, Management, Water Resources Department, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr.Shally Kumari, Adv.

For the Respondent/s :

Mr.Sanjay Pandey, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of an appropriate writ commanding the respondents to shift the date of grant of Ist A.C.P. from 01.04.2002 to 09.08.99 and pay the difference of salary from 09.08.99 to 01.04.2002.

(ii) For issuance of an appropriate writ commanding the respondents to send the C.R. of the year 2002 and 2003 for grant of MACP to the

Patna High Court CWJC No.19545 of 2015(2) dt.27-09-2023 2/3 petitioner in the light of Memo No. 1535 dated 31.07.2014 contained in Annexure 4 & 4/A"

2. At the outset, the learned counsel for the petitioner submits that the petitioner has been exonerated in the on-going departmental proceedings, hence the respondents be directed to consider the case of the petitioner for grant of the benefits of A.C.P., with effect from 09.08.1999 instead of 01.04.2002. The learned counsel for the petitioner further seeks a direction upon the respondent-authorities to consider the case of the petitioner for grant of the benefits of M.A.C.P.

3. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to approach the Engineer-in-Chief, Water Resources Department, Government of Bihar, Patna i.e., the respondent no.3, by filing appropriate representation, setting out therein his claim for shifting the date of grant of benefits of ACP from 01.04.2002 to 09.08.1999 as also for grant of the benefits of M.A.C.P. and in case such a petition is filed within a period of four weeks from today, the respondent no.3, shall pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The present writ petition stands disposed off on the

Patna High Court CWJC No.19545 of 2015(2) dt.27-09-2023 3/3 aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U