Janakdeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7473 of 2021 ====================================================== Janakdeo Ram S/o Ranjit Ram Resident of Village- Khedaya Pipra, P.S.- Ander, District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

2.

The Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna.

3.

The Director, Panchayat Raj Department, Government of Bihar, Patna. 4.

The District Magistrate, Siwan.

5.

The Deputy Development Commissioner, Siwan.

6.

The District Panchayat Raj Officer, Siwan.

7.

The Block Development Officer, Siswan, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondent nos. 1 to 7.

3. Petitioner's counsel to serve copy of the petition to the State counsel, if it is not already served.

4. In the instant petition, petitioner has prayed for following reliefs:

Patna High Court CWJC No.7473 of 2021 dt.10-02-2022 2/3 "i. For issuance of an appropriate writ(s) thereby commanding upon the respondent to grant the petitioner the benefits of 1st MACP which is due since 14.01.2016 to him.

ii. For further issuance of appropriate writ(s) thereby commanding upon the respondent to pay him the arrears of salary for the period since 14.01.2016 to 2021 has not been paid to him till date.

iii. For further directing the respondents to grant the petitioner all the consequential benefits arising out of the 1st MACP.

iv. For further grant of any other relief which the petitioner may be entitled to in the facts and circumstances of the present case."

5. In support of aforesaid relief, petitioner has submitted representation on 17.02.2021 (Annexure-1) which is pending consideration.

6. Therefore, the concerned respondent is hereby directed to examine the petitioner's grievance as to whether he is entitled to 1st MACP which is due since 14.01.2016 or not. If petitioner is eligible, necessary order shall be passed along with monetary benefits. If petitioner is otherwise not entitled to 1st MACP in that event, speaking order shall be passed as to why petitioner is not entitled to 1st MACP and communicated to the petitioner. The aforesaid exercise shall be completed within a period of three months from the date of receipt of this order,

Patna High Court CWJC No.7473 of 2021 dt.10-02-2022 3/3 failing which, petitioner is entitled to litigation cost and it is quantified @ Rs. 10,000/-.

7. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 24.02.2022 Transmission Date