Vijay Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3260 of 2021 ====================================================== Vijay Mistry Son of Chandradeo Mistry Resident of Village- Nagala, P.O. Nagla Kinjar, P.S. Karapi, District- Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2.

The Secretary, Urban Development Department, Government of Bihar, Patna.

3.

The Deputy Secretary cum Director, Urban Deelopment and Housing Department, Govt. of Bihar, Patna.

4.

The Assistant Director, Urban Deelopment and Housing Department, Govt. of Bihar, Patna.

5.

The Commissioner, Patna Division, Patna cum Rajgir Town Planning Authority.

6.

The Chief Executive Officer, Nagar Panchayat Rajgir, Rajgir, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary For the Respondent/s :

Mr. Mayanand Jha, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 29-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents.

3. In the instant petition, petitioner has prayed for following reliefs:

"1. That this is an application for issuance of an appropriate writ/order/direction to grant the benefits of time Bound Promotion/MACP to the petitioner and make payment of the difference of salary calculating the same on that basis as per the recommendation of the pay revision commission applicable with effect from 1.1.2016 alongwith interest for

Patna High Court CWJC No.3260 of 2021 dt.29-01-2022 2/2 the delayed period."

4. Short question for consideration in the present petition is whether petitioner is entitled to Time Bound Promotion/MACP, difference of salary and re-fixation of pay or not? In this regard, petitioner is stated to have submitted representation on 13.07.2019 and it is pending consideration.

5. Therefore 6th respondent- Chief Executive Officer, Nagar Panchayat Rajgir, Rajgir, Nalanda is hereby directed to decide the petitioner's representation. If petitioner is otherwise eligible, necessary calculation be undertaken for payment of arrears of salary. If petitioner is not eligible, a detailed speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of two months from the date of receipt of this order.

6. With the aforesaid observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date