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Patna High CourtCWJC/8069/2023disposed

Ghanshyam Jha v. The State Of Bihar

2023-12-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8069 of 2023 ====================================================== Ghanshyam Jha Son of Late Dr. Kapileshwar Jha Resident of Mohalla 20/N, Professor Colony, Police Station- Patrakar Nagar, District- Patna, Presently Posted as Mineral Development Officer, District Mining Office, West Champaran, Bettiah With Additional Charge of Deputy Director, Mines and Geology.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.

3.

The Additional Secretary, Department of Mines and Geology, Govt. of Bihar, Patna.

4.

The Special Secretary, Department of Mines and Geology, Government of Bihar, Patna.

5.

The Director, Department of Mines and Geology, Government of Bihar, Patna.

6.

The Under Secretary, Department of Mines and Geology, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Sumit Kumar, Adv For the Respondent/s :

Mr.Gyan Prakash Ojha ( GA 7 ) Mr.Alok Chandra, Adv For Mining :

Mr.Naresh Dikshit Kalpana, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i)That the present writ petition is being field on behalf of above named petition before this Hon'ble Court for issuance of writ of mandamus for directing/commanding the respondent authorities to grant the benefit of promotional benefits to the petitioner under Modified Assured Carrier Progression Scheme 2010 notified by the Department of Finance, Government of Bihar vide memo no. 7566 dated 14.07.2010,

Patna High Court CWJC No.8069 of 2023(2) dt.05-12-2023 2/2 1(ii) That the petitioner is further praying before this Hon'ble Court for issuance of further writ of mandamus for directing/commanding the respondent authorities to make the payment of difference of arrears of salary and consequential benefits for which the petitioner is entitled for in the event petition is granted promotional benefits under Modified Assured Carrier Progression Scheme, 2010."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Principal Secretary, Department of Mines & Geology, Government of Bihar, Patna i.e., the respondent no. 2, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate Petition is filed by the petitioner before the respondent no. 2 within a period of two weeks from today, the respondent no.2 shall consider the same, in accordance with law and pass a reasoned and a speaking order within a period of three months, thereafter.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) uttam/- U