Govind Sharan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.584 of 2021 ====================================================== Govind Sharan Sinha Son of Late Shankar Sharan Sinha, resident of 15, Polo Square (Near Sanichara Asthan), P.O.- Danapur Cant, R.P.S. More, West Bailey Road, Judges Colony, Danapur -cum-Khagaul, Patna, Bihar - 801503. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Old Secretariat, Patna.

2.

The Additional Chief Secretary, Department of Panchayati Raj, New Secretariat, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Finance, Old Secretariat, government of Bihar, Patna.

4.

The Agriculture production commissioner Department of Agriculture, New Secretariat, Patna.

5.

The Prinicpal Secretary, General administration Department, Old Secretariat, Government of Bihar, Patna.

6.

The Director, Department of Agriculture, New Secretariat, Government of Bihar, Patna - 15.

7.

The District Magistrate Bhagalpur, District - Bhagalpur. 8.

District Panchayati Raj Officer, Bhagalpur, District - Bhagalpur. 9.

The Treasury Officer Bhagalpur. District - Bhagalpur. 10.

Administration Bihar State Agriculture Marketing Board (Dissolved), Pant Bhawan, Baily Road, Patna.

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

For the Petitioner/s :

Mr.Dilip Kumar For the Respondent/s :

Mr. AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-11-2021 Heard the parties.

2. Petitioner has retired from the post of Panchayat Secretary on 02.09.2012. He has filed the present writ application for payment of post retiral dues as well as MACP.

3. Learned counsel for the petitioner submits that

Patna High Court CWJC No.584 of 2021(5) dt.29-11-2021 2/3 during pendency of this application, post retiral benefit and difference of amount of gratuity and earned leave salary have already been paid to the petitioner. So far as MACP is concerned, the same has not been paid to the petitioner and the claim regarding MACP has not been addressed by the State in its counter affidavit.

4. Learned counsel for the State submits that all the payments towards retiral benefits to the petitioner have been made and with regard to MACP, the petitioner may be directed to file a representation before Respondent No.2, Additional Chief Secretary, Department of Panchayati Raj, New Secretariat, Government of Bihar, Patna who shall dispose the same in accordance with law.

5. In view of submission made on behalf of the parties, the petitioner is directed to file a representation before the Respondent No.2/ Additional Chief Secretary, Department of Panchayati Raj, New Secretariat, Government of Bihar, Patna with regard to his claim for grant of MACP within a period of one month and if such a representation is filed, the Respondent No.2 is directed to dispose the same, in accordance with law and by a reasoned order within a further period of three months from the date of receipt of the representation.

Patna High Court CWJC No.584 of 2021(5) dt.29-11-2021 3/3

6. With the aforesaid observation and direction, the present writ application is disposed of.

(Anil Kumar Sinha, J) perwez U