Sadanand Tiwary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7641 of 2016 ====================================================== Sadanand Tiwary Son of late Bindeshwari Tiwary Resident of VillageKamarganj PO Gangania PS Sultanganj District Bhagalpur the retired compost Jamadar Sub-Divisional Agriculture Officer(Sa) Bhagalpur DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Agriculture Department, Government of Bihar, Patna.

3.

The Deputy Agriculture Director, Compost Agriculture Department, Government of Bihar, Patna.

4.

The District Agriculture Officer Bhagalpur District Bhagalpur. 5.

The Sub Divisional Agriculture Officer (Sa) Bhagalpur District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Respondent/s :

Mr. Anuradha Singh, SC-21 Mr. Rakesh Prabhat, AC to SC-21 ===================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2023 The present writ petition has been filed seeking the following reliefs:- "1. (I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to grant the benefit of third Assured Career Progression with effect from 01.01.2009 to the petitioner in view of the Modified Assured Career Progression Rules, 2010 (hereinafter referred to as MACP Rules, 2010) on

Patna High Court CWJC No.7641 of 2016(2) dt.13-10-2023 2/3 the ground that the petitioner had already completed more than 30 years of service on 01.01.2009.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to revise the salary and pensionary benefits of the petitioner in accordance with law and pay it with interest at the penal rate as the petitioner has been victimized for his genuine grievance since long."

2.

At the outset, the learned counsel for the petitioner submits that the respondents be directed to redress the aforesaid grievances of the petitioner by considering his case for grant of the benefits of ACP/MACP.

3.

Having regard to the limited prayer of the petitioner, I deem it fit and proper to direct the Additional Chief Secretary, Agriculture Department, Government of Bihar, Patna to consider the case of the petitioner for grant of ACP/MACP, in case the same has not already been considered and pass a

Patna High Court CWJC No.7641 of 2016(2) dt.13-10-2023 3/3 reasoned and a speaking order, in accordance with law, within a period of four weeks of receipt/production of a copy of this order.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U