Binod Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.16964 of 2008 dt.05-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16964 of 2008 =========================================================== Binod Kumar Singh, son of Late Arjun Singh, resident of village and Post OfficeKhopi, Police Station and Block- Jandaha, District- Vaishali at Hajipur at present working on the post of Panchayat Sewak in Sahdate Bujurg Block, DistrictVaishali at Hajipur. .... .... Petitioner

Versus

1. The State of Bihar

2. The Director, Directorate of Panchayati Raj, Government of Bihar, Patna.

3. The District Magistrate, Vaishali at Hajipur.

4. The District Panchayat Officer, Vaishali at Hajipur.

5. Randhir Kumar Singh, son of Ram Naresh Singh, resident of Village-Pakauli Rajasan, Police Station and Block-Biddupur, District- Vaishali at Hajipur, at present working on the post of Panchayat Sewak with the District of Vaishali at Hajipur.

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

For the Petitioner/s : Mr. Jitendra Kumar Roy, Advocate For the Respondent/s : Mr. Anwar Karim, A.C. to G.P.-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 05-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, the petitioner has claimed seniority over the respondent no.5 in the cadre of Dalpati, the feeder post, to the post of Panchayat Sewak and also the consequential benefits of appointment on the post of Panchayat Sevak from the date it was given to respondent no.5 i.e. from 11.12.1998 in the pay scale of Panchayat Sevak with all arrears taking into consideration of the order passed by this Court in an identical case vide C.W.J.C. No.10973 of 2000.

During the pendency of this writ petition, the

Patna High Court CWJC No.16964 of 2008 dt.05-02-2018 petitioner was treated to have been appointed from 06.07.1999. Accordingly, he has been granted the first M.A.C.P from 07.06.2009. The petitioner is satisfied with the grant of M.A.C.P. and also the pay scale which has been given to the petitioner, but he has raised the grievance that the date of appointment should be 11.12.1998, but it has wrongly been made from 07.06.1999, he also submitted that there are some errors in fixation of his pay. The petitioner also claimed that the pension has not been paid, so he also makes a prayer for granting pension.

Let the petitioner file a representation before the competent authority for redressal of his grievance with regard to shifting of his date of appointment as well as the fixation of his pay and for granting pension. If such an application is filed by the petitioner, the competent authority will examine the claim of the petitioner and take decision in accordance with law within a period of four months from the date of filing of application by the petitioner.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 21.02.2018 Transmission Date N/A.