Harendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 20714 of 2018 ====================================================== Harendra Prasad Singh, Son of Late Janak Singh, Resident of VillageKaithwaliya,Post Office- Darmaha, Via-Rajpur, P.S. Kalyanpur, Distt.-East Champaran at Motihari ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna 2.

The District Magistrate, East Champaran, Motihari 3.

The District Panchayat Officer, East Champaran at Motihari 4.

The District Accounts Officer, East Champaran at Motihari 5.

The Block Development Officer Chakiya, Distt.-East Champaran at Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Jitendra Kumar Roy, Advocate For the Respondent/s :

Mr Ashok Kumar Gupta, AC to GP X ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-05-2019 Matter has been listed today in the Summer Vacations as the learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the vacation. Matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

Heard learned counsel for the petitioner and the respondent-State.

Patna High Court CWJC No.20714 of 2018(2) dt.27-05-2019 2/3 For grant of revised Grade Pay of Rs 4,200, on account of first Assured Career Progression (for brevity, ACP), the claim of the petitioner is pending before the District Magistrate, East Chamaran, Motihari. However, the same has not been disposed of till date.

Mr Jitendra Kumar Roy appearing for the petitioner submits that the petitioner would be submitting a fresh representation before the District Magistrate, East Champaran, Motihari (respondent No 2) as during pendency of the writ proceedings, the petitioner has realized that his claim for benefit under second ACP is also to be considered by the respondentauthorities. Since the representation is to be made before respondent No 2, consideration also has to be done by the said Authority.

In the circumstance, this writ petition need not be kept pending.

In the event, petitioner submits his representation within four weeks from today, the District Magistrate, East Champaran, Motihari (respondent No 2) would be obliged to consider the same and dispose it of by reasoned and speaking order in accordance with law within a period of eight weeks

Patna High Court CWJC No.20714 of 2018(2) dt.27-05-2019 3/3 thereafter.

Dues, found admissible, should also be paid to the petitioner within a period of one month thereafter. Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U