Baij Nath Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8852 of 2019 ====================================================== Baij Nath Pandey, Son of Late Anand Bihari Pandey Resident of Village-PostBhadwar, Police Station-Chandi, Block-Koilwar, District-Bhojpur. ... ... Petitioner/s

Versus

1.

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

2.

The Joint Secretary, Department of Finance, Government of Bihar, Patna 3.

The District Magistrate, Bhojpur at Ara.

4.

The District Panchayat Officer, Bhojpur at Ara. 5.

The District Accounts Officer, Bhojpur at Ara. 6.

The Block Development Officer, Barhara, District-Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Jitendra Kumar Roy, Advocate For the Respondent/s :

Mr Nawal Kishore Singh, AC to GP XXVI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-05-2019 Matter has been listed today in the Summer Vacations as the learned counsel for the petitioner was desirous for consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the vacation. Matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

Heard learned counsel for the petitioner and the respondent-State.

Patna High Court CWJC No.8852 of 2019(2) dt.29-05-2019 2/3 Petitioner has claimed grant of benefits under the Assured Career Progression Scheme on account of having served in the district of Bhojpur as Panchayat Sevak since his appointment on 03.02.1989. He has since retired in March, 2013.

Petitioner has submitted his claim before the District Magistrate, Bhojpur on 13.02.2019.

Limited grievance is that the District Magistrate (respondent No 3) should dispose of the claim of the petitioner and pay the amount found due and admissible.

Since the claim has to be considered by respondent No 3, parties are in agreement that keeping the writ petition pending would serve no useful purpose as no adjudication is required on merit.

Writ petition is, therefore, disposed of with a direction to respondent No 3 to take a final decision on claim of the petitioner (Annexure 5 dated 13.02.2019) expeditiously without any undue delay and preferably within a period of three months from the date of receipt/production of a copy of this order. Since the matter relates to very old claims, this Court would only observe that the petitioner should also cooperate with the authorities so that admissibility can be ascertained

Patna High Court CWJC No.8852 of 2019(2) dt.29-05-2019 3/3 expeditiously and without undue delay.

(Madhuresh Prasad, J) M.E.H./- U