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Patna High CourtCWJC/10407/2020disposed

Satyendra Kumar v. The State Of Bihar

2022-01-18Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10407 of 2020 ====================================================== Satyendra Kumar Son of Late Ram Bachan Singh Resident of VillageKhoraitha, P.O. and P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

Divisional Commissioner Patna Division, Patna. 4.

Collector -cum- District Magistrate Patna.

5.

Circle Officer Ghoswari Anchal, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Rishi Raj Sinha, SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. None appears for the petitioner.

3. State counsel accepts notice for the Respondents.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That, this writ application is being filed for commanding the respondents to consider the claim of the petitioner for grant of the benefits of 2nd and 3rd A.C.P. as the petitioner has joined on 18.09.1989 and completed 31 years of qualifying service.

This writ application is also being filed for commanding the respondents to pay the revised pay scale w.e.f. 01.01.2016 as per recommendation of 7th PRC.

Patna High Court CWJC No.10407 of 2020 dt.18-01-2022 2/2 This writ application is also being filed for holding that the impugned non-consideration of the case of the petitioner is illegal, arbitrary and without any lawful justification."

5. In respect of the aforesaid relief there is no representation or demand before the competent authority so as to issue writ of Mandamus. In the light of Apex Court decision in the case of Mani Subrat Jain Vs. State of Haryana reported in (1977) 1 SCC 486 , the present petition is not maintainable.

6. Accordingly, writ petition stands disposed off, reserving liberty to the petitioner to submit a representation within a period of eight weeks from the date of receipt of this order. On receipt of such representation, the competent authority is hereby directed to redress the grievance of the petitioner within a reasonable period of time.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 26.01.2022 Transmission Date