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Patna High CourtCWJC/5428/2016disposed

Rakesh Kumar v. The State Of Bihar And ORS

2025-01-21Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5428 of 2016 ====================================================== Rakesh Kumar S/o Shri Radheshyam Singh, Presently at Rural Development officer - Cum - Block Development Officer Resident of village - Pokharaha Tola, P.S. Bagen Gola, District - Buxar, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna 3.

The Principal Secretary Finance Department Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sri Krishna Ranjan, Advocate Mr. Vasant Vikas, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, (AAG-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-01-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for payment of salary to the petitioner for the post of Block Development Officer (B.D.O) with all arrears and also to enhance the Grade Pay of Rural Development Officer from Rs.4,200/- to Rs.4,800/- and Grade Pay of B.D.O from Rs.4,800/- to Rs.5,400/- as was existing earlier.

3. Learned Counsel for the petitioner submits that the petitioner was selected through combined competitive examination conducted by the Bihar Public Service Commission (B.P.S.C) and he was appointed on the post of Rural

Patna High Court CWJC No.5428 of 2016(5) dt.21-01-2025 2/3 Development Officer vide notification dated 25.10.2013 in the pay scale of Rs.9,300/- to Rs.34,800/- plus Grade pay of Rs.4,200/-. Counsel further submits that the petitioner has resigned from the said post on 01.04.2015, but his resignation was accepted on 09.08.2021. Counsel submits that he has filed his writ petition in the year 2016 i.e. after his resignation, and thereafter, series of development takes place in his service matter. Counsel further submits that in this case, counter affidavit has come and this case is pending before this Hon'ble Court for last about nine years and series of development takes place. In this background, Counsel for the petitioner submits that petitioner be directed to file a fresh representation raising all his grievances including the grievances which has been raised in this writ petition also afresh before the Principal Secretary, Rural Development Department, Government of Bihar, Patna (respondent no.2).

4. In the present facts and circumstances of this case, the present writ petition stands disposed off with liberty to the petitioner to file a fresh representation before the Principal Secretary, Rural Development Department, Government of Bihar, Patna (respondent no.2) within six weeks from today and after receiving the said representation, the Principal Secretary,

Patna High Court CWJC No.5428 of 2016(5) dt.21-01-2025 3/3 Rural Development Department, Government of Bihar, Patna (respondent no.2) is directed to pass a reasoned and speaking order on petitioner's representation within 90 days. (Dr. Anshuman, J) Divyansh/- U