Santosh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5276 of 2025 ====================================================== Ranjan Gaur Son of Late Bansh Bihari Gaur, Resident of Bagmali, Hajipur, Vaishali, P.S. and District- Hajipur, Bihar, Pin-844101. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3.

The Secretary, (Expenditure) Department of Finance, Government of Bihar, Patna.

4.

The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.

5.

The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna.

6.

The Chief Engineer (South), Road Construction Department, Government of Bihar, Patna.

7.

The Superintending Engineer, Central Road Circle, Road Construction Department, Patna.

8.

The Executive Engineer, Road Construction Department, New Capital Road Division, Patna.

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

For the Petitioner/s :

Mr.Aditya Srijan, Advocate For the Respondent/s :

Mr. Viveka Nand Singh, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-04-2025 With the consent of the parties this writ application is heard and is being decided at this stage itself.

2. In the present writ application the petitioner has prayed for the grant of following reliefs:

"(i) To allow payment of 1st ACP after completion of continues service of 12 years from the date of joining. i.e. with effect from 14.06.2008 in the grade pay of Rs. 4800/-

Patna High Court CWJC No.5276 of 2025(2) dt.04-04-2025 2/3 and 2nd MACP after a continues service of 20 years with effect from 14.06.2016 in the grade pay of Rs. 5400/- in the light of judgment and order passed by Full Bench of this Hon'ble Court in CWJC No. 18727 of 2017 and its analogous cases.

(ii) To make payment of arrears of salary, admissible in the grade pay of Rs. 4800/- and Rs. 5400/- respectively and its corresponding higher pay scale, with effect from the date of entitlement of the petitioner. (iii) To make payment of interests on the amount of entire arrears.

(iv) To pass any other order/orders, for which the petitioner is legally found entitled in the facts and circumstances of the case."

3. For claiming the same relief the petitioner has already filed a representation dated 28.01.2025 (Annexure-P/3) which is addressed to respondent no.7, the Superintending Engineer, Central Road Circle, Road Construction Department, Patna, but the same has not been decided as yet. The petitioner submits that the petitioner would be satisfied if a necessary direction is issued to the respondent no.7 to decide his representation within a fixed time frame.

4. The learned counsel appearing for the State has no objection to this prayer being made by the petitioner.

Patna High Court CWJC No.5276 of 2025(2) dt.04-04-2025 3/3

5. In view of the above, this writ application is disposed of directing the Superintending Engineer, Central Road Circle, Road Construction Department, Patna (respondent no.7) to finally dispose of the representation filed by the petitioner dated 28.01.2025 (Annexure-P/3) within three months from the date of production of a copy of this order. The order passed by the respondent no.7 would be a reasoned and speaking order after giving an opportunity of hearing to the petitioner. While disposing of the representation the respondent no.7 will particularly take notice of the judgments referred to in the representation.

6. With the aforesaid observation/direction the writ application stands disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U