Surendra Prasad Singh v. The State Of Bihar Through The Principal Secretary, Planning And Development Department,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2106 of 2024 In Civil Writ Jurisdiction Case No.13653 of 2018 ====================================================== Surendra Prasad Singh S/o Late Dhanush Dhari Sharma, Resident of Village - Surdaspur, P.O.- Modanganj, District Jahanabad, at present, C/o B.K. Sharma, Kautilya Nagar, Behind Nalkoop Bhawan, Nalkoop Path, P.O.- Shashtri Nagar, District- Patna, PIN-800023.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Planning and Development Department, Government of Bihar, Old Secretariat, Patna namely Mr. K.Senthil Kumar, I.A.S.
2.
The Principal Secretary, Planning and Development Department, Govt. of Bihar, Old Secretariat, Patna, namely Mr. K.Senthil Kumar, I.A.S. 3.
The Director, (The Directorate of Economics and Statistics), Planning and Development Department, Govt. of Bihar, Old Secretariat, Patna namely Mr. Himanshu Kumar Roy, I. A.S.
4.
The Joint Director, (Directorate of Economics and Statistics), Planning and Development Department, Govt. of Bihar, Old Secretariat, Patna namely Mr. Ranjit Kumar, I.A.S.
5.
The Additional Collector (Naxal), Patna-cum-Enquiry (Conducting) Officer, Patna, namely Mr.U.K.Choubey.
6.
The District Statistics Officer, Patna-cum-Presenting Officer, Mr. Sanjay Kumar.
7.
The Additional Collector, Departmental Enquiry, Patna-cum- Enquiry (Conducting) Officer, Patna namely Mr. Kalpesh Kumar. 8.
The Sub Divisional Magistrate, Sadar, Patna-cum-Presenting Officer, namely Mr. K.S.Kundalik, I.A.S.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purushottam Kumar Jha, Adv.
Mr. Jitendra Acharya, Adv.
For the Opposite Party/s :
Mr.Government Advocate 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. Counsel for the petitioner submits that the present MJC application has been filed due to non-compliance of order
Patna High Court MJC No.2106 of 2024(8) dt.08-08-2025 2/2 dated 22.01.2024 passed in CWJC No.13653 of 2018.
3. Counsel further submits that from the show-cause, it transpires that part payment has been made and all benefits have not been calculated and therefore, opposite parties are under contempt.
4. Counsel for the State on the other hand submits that it is a clear stand taken that the admitted payment has already been made to him, which has been accepted by the petitioner. The said payment has been made towards gratuity, pension and arrears of salary, but others payment has been made without any promotion (regular or ACP).
5. Counsel for the State further submits that all admitted dues has been paid and the entitlement of promotion or ACP is separate question at all.
6. In this view of the matter, the present MJC application is hereby dropped, directing to the petitioner that if he is not satisfied with the said payment, then he shall sue further before the Authority concerned in accordance with law. (Dr. Anshuman, J.) Prakashmani/- U