Baccha Prasad Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2890 of 2021 ====================================================== 1.

Baccha Prasad Srivastava, Son of Late Rajendra Prasad, Resident of VillageShrirampur, P.S.- Sonho, District- Saran at Chhapra. 2.

Sunil Kumar Pandey, Son of Tripurari Pandey, Resident of Village- Basdila, P.S.- Kopa, District- Saran at Chhapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna. 2.

Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

3.

Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

Inspector of Registration Offices, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

5.

District Registrar, Saran at Chhapra.

6.

District Sub Registrar, Saran at Chhapra.

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Respondent/s :

Mr. Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 28-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Learned counsel for the State accepts notice for the respondents.

3. Heard learned counsel for the parties.

4. In the instant petition, the petitioners have prayed for the following reliefs:

Patna High Court CWJC No.2890 of 2021 dt.28-01-2022 2/3 "(i) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the Prohibition, Excise and Registration Department, Government of Bihar, Patna (hereinafter referred to as "the Department") as well as under the Finance Department, Government of Bihar, Patna, to construe the services spent by the petitioners as extra clerk from the date of their initial appointment i.e. 16/9/1991 for the purpose of promotions and other consequential benefits arising thereupon;

(ii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the Department as well as under the Finance Department, Government of Bihar, Patna, to construe the services spent by the petitioners as extra clerk from the date of their initial appointment i.e. 16/9/1991 for the purpose of pensionary benefits; (iii) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

5. In support of the relief, the petitioners submitted representation on 14.02.2020 and the same is pending consideration before the concerned respondent.

6. Accordingly, the concerned respondent is hereby directed to examine the petitioners' representation and pass speaking order and communicate the same to the petitioners.

Patna High Court CWJC No.2890 of 2021 dt.28-01-2022 3/3

7. The above exercise must be completed within a period of four months from the date of receipt of a copy of this order.

8. The writ petition stands disposed of.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE 02.02.2022 Uploading Date NA Transmission Date NA