Surendra Prasad Shrivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.319 of 2016 =========================================================== Surendra Prasad Shrivastava son of late Ramchandra Lal resident of village - Kanhauli Manohar Tole Karta Ram, P.O. Puchchari, Police Station - Baniapur, District - Saran (Chapra), retired while working as peon in Registration Department, Meerganj, Sub Division - Hathua, District - Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

2. The Principal Secretary, Registration Department, Government of Bihar, Patna.

3. The Registrar General, Registration Department, Government of Bihar, Patna.

4. The Inspector General, Registration, Registration Department, Govt. of Bihar, Patna.

5. The District Magistrate, Gopalganj.

6. The District Sub-Registrar, Gopalganj.

7. The Sub-Registrar, Meerganj, District - Gopalganj.

8. The District Treasury Officer, Gopalganj.

9. The District Accounts Officer, Gopalganj.

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

For the Petitioner/s : Mr. Umesh Kumar Mishra, Adv. For the Respondent/s : Mr. Manish Kumar, GP-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 02-02-2018 Heard Mr. Umesh Kumar Mishra, learned counsel for the petitioners and Mr. Manish Kumar, learned GP-4, for the State. The petitioner prays for issuance of a writ in the nature of mandamus to command the respondent authorities concerned to grant the 1st, 2nd and 3rd financial progressions to the petitioner. Mr. Manish Kumar, learned GP-4, in reference to the statement made in paragraph 6 of the counter affidavit submits that the petitioner has been granted the benefit under 1st and 2nd Assured Career Progression and even the 3rd MACP has been approved by the District Establishment Committee vide resolution dated 8.2.2016 and

Patna High Court CWJC No.319 of 2016 dt.02-02-2018 communicated vide letter dated 15.2.2016. It is mentioned that the District Sub Registrar, Gopalganj has been instructed to make payment of the arrears of 3rd MACP through letter dated 19.2.2016. While Mr. Umesh Kumar Mishra, learned counsel for the petitioner, informs on oral instruction that the arrears have not been paid but the statement at paragraph 6 of the counter affidavit clearly mentions that the arrears admissible to the petitioner on grant of 3rd MACP vide order dated 8.2.2016 has also been paid and Mr. Manish Kumar in reference to the letter dated 21.3.2016 of the Sub Registrar, Mirganj addressed to the District Sub Registrar, Gopalganj informs that the differential amount of Rs.27,815/- has been paid to the petitioner through his account in Punjab National Bank.

In view of the situation explained at paragraph 6 of the counter affidavit in reference to Annexure-D, any further grievance subsisting, the petitioner shall be at liberty to raise the same before the authority concerned and which shall be considered and disposed of in accordance with law within six weeks of its filing. The writ petition is disposed of.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.02.2018 Transmission Date NA