Radha Krishna Vajpayee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4906 of 2020 ====================================================== Radha Krishna Vajpayee S/o Late Vidyapati Vajpayee, Resident of VillageAkabarpur, P.S.- Paliganj, Distt.- Jahanabad. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Commissioner Cum Secretary Revenue and Land Reform Department, Govt. of Bihar, Patna. 2.
The Deputy Commissioner Revenue and Land Reform Department, Danapur, Patna.
3.
The Collector Cum District Magistrate, District- Patna. 4.
The Circle officer, Maner, District- Patna.
5.
The Accountant General, A.G. Office Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Shankar Choubey, Advocate For the Respondent/s :
Mr. Raj Kishore Roy (Gp18) For the A.G.
:
Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition has been filed directing the respondents to grant 3rd A.C.P. with effect from 01.01.2009 which has yet not been granted to the petitioner for which he is legally entitled and further prayer has been made to fix and revise salary/pension of the petitioner after grant of 3rd ACP.
3. Learned counsel for the State submits that the
Patna High Court CWJC No.4906 of 2020(2) dt.30-03-2024 2/3 petitioner has earlier moved before this Hon'ble Court in CWJC No.12501 of 2015 in which his matter was settled before the Lok Adalat and thereafter grievances of the petitioner has been settled. He further submits that though counter affidavit has not been filed but statement of fact has come and in the statement of fact it has come that his claim of 3rd ACP has been rejected.
4. Upon hearing the parties and perusal of the record it transpires to this Court that petitioner has filed his representation before the District Magistrate, Patna, and basis of his claim is order dated 08.07.2017 passed in CWJC No.12501 of 2015 (Radha Krishna Vajpayee Vs. The State of Bihar and Others). The said order has been annexed as Annexure-2. In the said order (basically Award) a liberty was granted to the petitioner that he shall point out the matter to the authorities for redressal if any discrepancy or any legitimate claim is left within three months from today i.e., 08.07.2017. But it transpires to this Court that he has filed his representation on 05.09.2019 that is much much delay after the date prescribed by this Court.
5. In this view of the matter, this Court is not inclined to entertain the writ petition. Accordingly, this writ petition is rejected. It is made clear that the petitioner shall not claim any
Patna High Court CWJC No.4906 of 2020(2) dt.30-03-2024 3/3 right on the basis of the order passed in this writ petition but shall have raised his grievances independently. (Dr. Anshuman, J) Mkr./- U