Analesh Nandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1651 of 2021 ====================================================== Analesh Nandan Son of Late Gopal Nandan Resident of Khamnichak, Sampatchak, Police station- Sampatchak, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Government of Bihar, Patna 2.

The Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Government of Bihar, Patna 3.

The District Magistrate, Jehanabad 4.

The Sub Divisional Officer, Jehanabad, District- Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 24-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of Covid-19 pandemic. In the instant petition, petitioner has prayed for the following relief;- " For a direction to the Respondent authority to grant the benefits of 2nd & 3rd MACP w.e.f. 01.01.2009 and 03.03.2016 respectively in the Grade pay of 5400 and 6600 respectively along with all consequential benefits as the petitioner fulfills the eligibility criteria of benefits of 2nd 3rd MACP after completion of 20

Patna High Court CWJC No.1651 of 2021(2) dt.24-01-2022 2/3 years & 30 years of his service from the date of his appointment I.e 03.03.1986 and the petitioner further prays for a direction to the Respondent authority to grant the same benefits of 2nd 7 3rd MACP as granted to the similarly situated Marketing officers and the Respondent authority had made discrimination with the petitioner which is violate of Bihar State Litigation Policy as well as the judgment passed in the case of 2008(4) PLJR 125 and 2011(3) PLJR 588& ( 2006) 2SCC 747 by the Hon'ble Courts and the petitioner further prays for a direction to the Respondent authority to revise post retiral benefits including the pension accordingly.

During the pendency of present litigation that petitioner's grievance has been redressed in extending benefit of second and third MACP along with selection grade pay. However, monetary benefits have not been extended. Therefore, the concerned respondent is hereby directed to extend monetary

Patna High Court CWJC No.1651 of 2021(2) dt.24-01-2022 3/3 benefits by calculating and the same shall be disbursed to the petitioner within a period of three months from the date of receipt of this order, faililng which petitioner is entitled to interest @ 6% per annum on arrears of pay and litigation cost and it is quantified @ Rs. 10,000/-( Ten Thousand). Accordingly, this petition stands disposed of. (P. B. Bajanthri, J) N.K/- U