Satyendra Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3611 of 2014 =========================================================== Satyendra Kumar Sinha Son Of Late Bishwanath Prasad Resident of At & P.O. - Gopalbad, P.S. - Sarmera, District - Nalanda .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar

2. The Chief Secretary, Government of Bihar-Cum-President, State Level Working Committee, Bihar Education Project, Bihar, Patna

3. The Principal Secretary, Human Resources Development Department, Government of Bihar-Cum-Vice President, State Level Working Committee, Bihar Education Project, Bihar, Patna

4. The State Project Director, Bihar Education Project Council, Beltron Bhawan, Shastri Nagar, Patna - 800023

5. The District Magistrate, Nalanda-Cum-Chairman, Bihar Education Project, Nalanda

6. The District Education Officer, Nalanda

7. The District Programme Officer, Elementary Education and Sarv Shiksha Abhiyan, Nalanda

8. The Executive Engineer, Bihar Education Project Council, Nalanda

9. The Junior Engineer, Bihar Education Project Council, Nalanda

10. The Assistant Engineer, Bihar Education Project Council, Nalanda .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dinu Kumar, Advocate For the State : Mr. Rakesh Ambastha, AC to AAG 15 For the Resp. B.E.P. : Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-03-2016 Heard learned counsel for the petitioner and learned counsel for the Respondents.

2. The present writ petition has been filed for a direction to the Respondents to revise the schedule of rate of civil construction work under Bihar Education Project Council,

Patna High Court CWJC No.3611 of 2014 dt.04-03-2016 Nalanda as per the revised schedule of rate fixed on 15.06.2011 and 16.07.2012 by the Government as per Clause 103 of the Bihar Public Construction Code in relation to construction work; to give full effect of revised schedule of the rate fixed by the Government which has come into force on 15.06.2011 relating to the work allotted to the petitioner in discharging the duty of Technical Supervisor under Bihar Education Project, Nalanda as per schedule of rate fixed on 24.11.2009 and to give all consequential monetary benefits to the petitioner as per the revised schedule of rate dated 15.06.2011 fixed by the Government and for the connected reliefs.

3. At the very outset, learned counsel for the petitioner confines his submission and expresses that he would have no objection if the writ petition is disposed of with a direction to the Respondents to consider his pending representation for redressal of his grievances.

4. Learned counsel for the Respondents have appeared and has been heard.

5. Having regard to the stand of the petitioner, the present writ petition is disposed of with a direction to the State Project Director, Bihar Education Project Council, Beltron Bhawan, Shastri Nagar, Patna 800 023 (Respondent No. 4) to

Patna High Court CWJC No.3611 of 2014 dt.04-03-2016 consider the petitioner's representation dated 19.12.2013 said to have been despatched to him by speed post, if still pending, in accordance with law and after grant of opportunity of hearing to the petitioner.

6. It is made clear that this Court has not expressed any opinion on the merits of the claims of the petitioner nor on the maintainability of the writ petition as objected to on behalf of the Respondents.

(Vikash Jain, J) Chandran U