Uttim Lal Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7333 of 2015 =========================================================== Uttim Lal Yadav, son of Late Sagun Lal Yadav, resident of village + Post - Siswabarhi, P.S.- Phulparas, District- Madhubani. .... .... Petitioner

Versus

1. The State of Bihar Principal Secretary, Water Resources Department, Bihar, Patna.

2. The Chief Engineer (Mechanical), Water Resources Department, Bihar, Patna.

3. The Superintending Engineer, (Mechanical), Water Resources Department, Mithapur, Patna.

4. The Executive Engineer, Area Mechanical Division, Water Resources Department, Bhagalpur.

5. The Assistant Engineer, (Mechanical), Area Mechanical Sub- Division no. 4, Water Resources Department, Munger.

6. The Accountant General, Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : M/s. Annu Shree, Suraj Narain Yadav, Advocates For the State : Mr. Shiv Kumar, A.C. to G.A. 3 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 23-08-2016 Heard parties.

It is submitted on behalf of the State that a counter affidavit has been filed taking a stand that the petitioner's grievance has been fully redressed as a decision has been taken for grant of second time bound promotion and the scale has been revised after properly granting first ACP and second ACP. An order to that effect has been brought on record as Annexure B to the counter affidavit.

Patna High Court CWJC No.7333 of 2015 dt.23-08-2016 2 / 2 Learned counsel for the petitioner, however, submits that though such decision has already been taken and the petitioner is satisfied with the decision but actual monetary benefit has not been given to the petitioner as yet.

Learned counsel for the State does not have any instruction in this regard as the counter affidavit was filed in the year 2015 itself.

Accordingly, I dispose of the writ petition with a direction to the respondent no.4, the Executive Engineer, Area Mechanical Division, Water Resources Department, Bhagalpur to give effect and make necessary payment of the benefit which has accrued in favour of the petitioner in view of the decision taken under Annexure B to the counter affidavit expeditiously preferably within a period of two months from the date of receipt/production of a copy of this order as about one year has already elapsed. (Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.09.2016 Transmission Date NA