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Patna High CourtCWJC/8523/2021disposed

Umesh Prasad v. The State Of Bihar

2022-02-14Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8523 of 2021 ====================================================== Umesh Prasad S/o Sita Ram Prasad resident of village- Sanda, P.s.- Dhanaua, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar though Principal Secretary, Road Construction Department, Government of Bihar, Patna 2.

The Pincipal Secretary, Road Construction Department, Government of Bihar, Patna 3.

The Principal Secretary, National Highway of India 4.

The Superintendent Engineer, National Highway Anchal Purnea 5.

Executive Engineer, National Highway, Division, Purnea ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Dular Sah, Adv.

For the Respondent/s :

Mr.Uday Shankar Sharan Singh (Gp19) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 14-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

State counsel accept notice for respondents.

Petitioner counsel is hereby directed to furnish copy of the petition.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"That instant writ application is being filed for issuance of appropriate writ/writs, direction/directions commanding the respondent authorities to pay the third

Patna High Court CWJC No.8523 of 2021(2) dt.14-02-2022 2/2 MACP (Modified assured career progression) with all the consequential benefits to the petitioner with interest which is due for payment since 20.04.2017 without further loss of time."

The aforesaid relief is supported by representation dated 17.10.2019. Therefore, the concerned respondent is hereby directed to examine the petitioner's claim for third MACP with reference to his service record and extend if the petitioner is otherwise eligible and pass necessary speaking order and communicate to the petitioner. If petitioner is not eligible reasoned order be passed and communicated. The above exercise shall be completed within a period of three months from the date of receipt of this order.

(P. B. Bajanthri, J) Prakash Narayan /- U