← Library
Patna High CourtCWJC/2974/2016disposed

Sita Ram Prasad And ORS v. The State Of Bihar And ORS

2019-03-28Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2974 of 2016 ====================================================== 1.

Sita Ram Prasad S/o- Late Jangi Ram, Resident of Mohalla- Purani Jakkanpur, Jagdeo Nagar Jakkanpur, Distt.- Patna, Retired from the post of consolidation officer Chenari, District- Rohtash. 2.

Suresh Prasad, S/o- Late Laxmi Mahto, Village- Asthana, P.S Distt.- Sheikhpura, retired Circle Inspector, Circle Office, Suryapura, DistrictRohtas. 3.

Moti Lal Singh, S/O- Late Nithali Singh, resident of Village- Paliar Dih, P.S.- Piro District- Bhojpur, At present address Danapur, Hathi Khana near, more, P.O P.S.- Danapur, District- Patna, Retired from the post of Anchal Adhikari Patepur, District- Vaishali at Hazipur. 4.

Raj Kumar Prasad, S/o- Late Shiv Dahin Sao, resident of Village- Barkha Dumja, P.S.- Arrah- Muhfasil, District- Arrah, Retired from the posts of consolidation officer Semri District- Buxar.

... ... Petitioners

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue and Land Development Department, Government of Bihar, Patna 2.

The Deputy Secretary, Revenue and land development, Department Government of Bihar, New Secretariat, Patna 3.

District Magistrate, Rohtas at Sasaram.

4.

District Magistrate, Bhojpur at Arrah.

5.

District Magistrate, Vaishali at Hazipur.

... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Awadhesh Prasad Sinha, Advocate and Mr. Kr. Mritunjay, Advocate For the Respondents :

Mr.Manoj Kumar Sinha, Ac to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-03-2019 Heard learned counsel for the petitioners as well as learned counsel appearing for the State.

Claim in the writ petition is confined to challenge of the decision of the Screening Committee whereby petitioners' claim for benefits of the third Modified Assured Career Progression has been rejected by assigning reason that the

Patna High Court CWJC No.2974 of 2016(2) dt.28-03-2019 2/2 petitioners do not fulfil the requisite period of service for being extended the said benefits.

Petitioners' counsel submits that the reason assigned is factually incorrect and that the petitioners fulfil the requisite eligibility criteria on the ground of length of service. Without raising the issue before the respondent authorities, the petitioners have directly approached this Court. Counsel for the petitioners therefore submits that the petitioners would be raising their grievances before the Deputy Secretary, Revenue and Land Development, Department Government of Bihar, New Secretariat, Patna (respondent no.2) with their grievance with sufficient material to show that they fulfil the requisite length of service for grant of third Modified Assured Career Progression benefits.

In view of such submission, no further order needs to be passed.

Writ petition is disposed of.

(Madhuresh Prasad, J) Shashi U