Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10133 of 2024 ====================================================== Rajesh Kumar, Son of Kishore Kumar Verma, Resident of Lane no. 2, Mithanpura, P.S.-Mithanpura, District- Muzaffarpur, Bihar- 842002. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Road Construction Department, Bihar.

2.

The Chief Engineer, Road Construction Department, Muzaffarpur. 3.

The Superintending Engineer, North Bihar Road Circle, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Y. Madhavi, Advocate For the Respondent/s :

Standing Counsel 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-07-2024 Heard Ms. Y. Madhavi, learned counsel appearing on behalf of the petitioner and learned Standing Counsel 7 for the State.

2. Learned counsel appearing on behalf of the petitioner seeks to file a detail application before the respondent no. 2 (The Chief Engineer, Road Construction Department, Muzaffarpur) to grant him financial progression under MACP Scheme, taking into considertion the law laid down by the Apex Court in the case of Amresh Kumar Singh & Ors. Vs. The State of Bihar & Ors. reported in (2023) 2 PLJR (SC) 423, and the recent judgment dated 28.06.2024 of the Hon'ble Full Bench of this Court passed in CWJC No. 18727 of 2017 (Kamlanand Thakur Vs. The State of Bihar) and other analogous matters.

3. Learned counsel appearing on behalf of the

Patna High Court CWJC No.10133 of 2024(2) dt.04-07-2024 2/2 petitioner gives information that a communication has been made to the petitioner, vide letter dated 03.07.2024 contained in Memo No. 774 issued under the signature of the Superintending Engineer, North Bihar Road Construction Department, Muzaffarpur that a decision has been taken by respondent no.2 to deduct Rs.54,000/- per month from the person of the petitioner, which action is against the principle laid down by the Apex Court in the case of Amresh Kumar Singh & Ors. (Supra).

4. This Court directs the Authorities concerned to redress the grievance of the petitioner well within the period of four weeks from the date of communication of this order considering the law laid down by the Apex Court in the case of Amaresh Kumar Singh & Ors. (supra) and a reasoned order must be passed and communicated to the petitioner in accordance with law. Till then no effect is required to be given to Memo No.774 dated 03.07.2024.

5. With the above observations/directions, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/saurabhU