Indra Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2775 of 2016 ====================================================== Indra Kant Jha, Son of Late Laxmi Kant Jha, Resident of Village and P.O.- Kathra, via- Putai (Manigacchi), District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Director, Panchayat Raj, Government of Bihar, Patna 2.

The Chief Executive Officer, Zila Parishad, Vaishali at Hajipur. 3.

The District Magistrate-cum-Collector, Vaishali at Hajipur. 4.

The Collector-cum-Chairman, Pension Adalat, Hajipur, Vaishali. 5.

The Secretary, Zila Parishad at Hajipur.

6.

The DDC-cum-Chief Executive Officer, Zila Parishad, Vaishali at Hajipur. ... ... Respondent/s ====================================================== For the Petitioner/s :

Mr Durga Nand Jha, Advocate For the Respondent/s :

Mr Sushil Kumar Singh, AC to AAG X ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-03-2019 Learned counsel for the petitioner submits that yesterday, he has served a copy of the writ petition on the learned counsel for the Zila Parishad.

It is submitted that the petitioner's claim in respect of benefits of Assured Career Progression akin to the State Government employees is to be considered by the Chief Executive Officer, Zila Parishad, Vaishali at Hajipur (respondent No 2).

In terms of the statement made in the counter affidavit filed by the State Government, it is for the Zila Parishad to take a decision whether it would be adopting the pay structure, akin to be paid to the State Government employees, to the Zila Parishad employees?

Patna High Court CWJC No.2775 of 2016(2) dt.28-03-2019 2/2 In order to facilitate such decision, learned counsel for the petitioner submits that he would be filing a detailed and comprehensive claim before respondent No 2 that is the Chief Executive Officer, Zila Parishad, Vaishali at Hajipur. Without expressing any opinion on the merits of the claim made by the petitioner and in view of the submission of learned counsel for the petitioner, since the issue is to be decided by the Chef Executive Officer, Vaishali at Hajipur (respondent No 2), regarding adoption of the benefits and pay structure of the State Government, this writ petition need not be kept pending any further. The same is disposed of. The petitioner would be at liberty to approach respondent No 2 by making his comprehensive claim. In case, such claim is made within four weeks, considering the fact that the decision has to be taken by respondent No 2, and the same would be a decision in the nature of policy matter, this Court would consider that final decision be taken by respondent No 2 within four months thereafter.

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