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Patna High CourtCWJC/5571/2024disposed

Sujay Chandra Kishore v. The State Of Bihar

2024-04-18Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5571 of 2024 ====================================================== Sujay Chandra Kishore Son of Late Manindra Kishore, resident of Mohalla - Azad Nagar Baluatal, P.O. and P.S. -Motihari, District - East Champaran, presently residing Q.No.- D/104 Rail Coach Factory Campus, Kapoorthala, P.S. - Husainpur, District- Kapoorthala (Punjab). ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Chief Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Joint Secretary (Management), Water Resources Department, Government of Bihar, Patna.

4.

The Deputy Secretary (Management), Water Resources Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra Jha 3, Advocate For the Respondent/s :

Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2024 The present writ petition has been filed seeking the following relief:- "(i) To direct the respondents to grant the benefit of 3rd Modified Assured Career Progression Scheme (M.A.C.P.) to the petitioner with effect from due date and grant him, all consequential monetary benefits attached therewith, alongwith suitable interest, as there was/is no latches on the part of the petitioner and even his service record is clean and nothing is pending against him, but respondents are sitting tight over the matter inspite of repeated

Patna High Court CWJC No.5571 of 2024(2) dt.18-04-2024 2/3 representations filed by the petitioner for redressal of his legal grievance.

(ii) To direct the respondents to modify the date of 1st and 2nd Assured Career Progression (A.C.P.) granted to the petitioner w.e.f. 01.04.2006 and 03.02.2008 respectively vide Departmental Notification No.1231 dated 11.05.2009 and accordingly correct the date of 1st A.C.P. w.e.f. 09.08.1999 and 2nd A.C.P. w.e.f. 03.02.2003 for which he is legally entitled and pay all consequential monetary benefit, as during the aforesaid period petitioner was not granted any regular promotion/A.C.P. due to pendency of departmental proceeding, and consequently imposition of punishment order, however punishment order was quashed by the Hon'ble Court and subsequently quashed by the Department and thereby the service record of the petitioner became clean."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent no.2, i.e. the Additional Chief Secretary, Water Resources Department, Government of Bihar,

Patna High Court CWJC No.5571 of 2024(2) dt.18-04-2024 3/3 Patna for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U