Ram Janam Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.555 of 2016 ======================================================

1. Ram Janam Rai son of Late Yogi Rai, resident of Village- Biddupur Dih, Post Office- Biddupur Bazar, P.S.- Biddupur, District- Vaishali at Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Vaishali at Hajipur

3. The District Panchayat Officer, Vaishali at Hajipur

4. The District Accounts Officer, Vaishali at Hajipur

5. The Block Development Officer, Patepur, District- Vaishali at Hajipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Roy, Adv. For the Respondent/s : Mr. Syed Arshad Alam, S.C.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-03-2017 Heard Mr. Jitendra Kumar Roy, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, A.C. to S.C.14 for the State.

The petitioner has prayed for counting of his services on the post of Panchayat Sewak on the date he was sent on training i.e.10.2.1995 instead of the date of his posting which was done vide order Memo No. 174 dated 3.7.1995. The petitioner also prays for grant of first and second A.C.P. benefits. Mr. Roy learned counsel for the petitioner invites the attention of this Court to the representation filed by the petitioner before the District Magistrate, Vaishali much before the superannuation of the petitioner on 4.3.2015 raising the grievance,

Patna High Court CWJC No.555 of 2016 (2) dt.03-03-2017 2/2 to submit that the matter remained pending and in the meanwhile the petitioner has superannuated.

Having heard learned counsel for the parties and considering that the issue raised herein has been raised by the petitioner before the District Magistrate, Vaishali vide Annexure-7 on 4.3.2015 i.e more than three months before the superannuation of the petitioner and it is the delayed action by the District Magistrate which has led to superannuation of the petitioner, I deem it proper to dispose of the writ petition with the direction to the District Magistrate Vaishali to consider the grievance of the petitioner as raised in his representation dated 4.3.2015 annexed at Annexure-7 to the writ petition and dispose of the same in accordance with law within a period of 3 months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) Bibhash/- NAFR CAV DATE Uploading Date 10.3.2017 Transmission Date