Ram Naresh Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.509 of 2016 ===========================================================

1. Ram Naresh Roy aged about 61 years Son of Late Haribansh Roy Resident of C/O Engineer Arun Kumar , House No.8, Nandan Puri , Khajpura , Police Station Rajiv Nagar , District - Patna .

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary , Road Construction Department , Vishwesharaiya Bhawan , Patna .

2. The Engineer-in-Chief, Road Construction Department, Vishwesharaiya Bhawan , Patna.

3. The Principal Secretary, Finance Department, Old Secretariat, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rupak Kumar, Adv. For the Respondent/s : Mr. Kumar Priya Ranjan SC23 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 03-04-2018 Heard Mr. Rupak Kumar, learned counsel for the petitioner and learned counsel for the State.

The writ petition is filed seeking a direction in the nature of mandamus for commanding the respondents to grant third MACP to the petitioner with effect from 23.12.2012 together with the consequential benefits on completion of 30 years of service under the provisions of the Modified Assured Career Progression Rule, 2010. A counter affidavit is filed and learned State counsel in reference to the statement made in paragraphs 5 and 6 informs that the case of the petitioner was placed before the Committee for such consideration but in absence of his confidential report that his claim

Patna High Court CWJC No.509 of 2016 dt.03-04-2018 2/2 for third MACP has been kept pending. It is submitted that no sooner the C.R's of the petitioner is received that the decision would be taken.

Having heard learned counsel for the parties and considering that for an intra departmental correspondence on completion of formalities that the claim of the petitioner has been kept pending, I deem it proper to direct the Engineer in Chief, Road Construction Department, Vishwesharaiya Bhawan, Patna who is stated to be the appropriate authority to procure the confidential report of the petitioner for the period in question from the authority concerned and pass appropriate order on his claim expeditiously and preferably within 3 months from the date of receipt/production of a copy of this order.

The writ petition is allowed with the direction aforementioned. (Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date12.04.2018 Transmission Date NA