Bijendra Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10503 of 2024 ====================================================== Bijendra Chaudhary S/o Late Banshi Chaudhary, Resident of Village and P.S. Telhara, District- Nalanda at present residing in Ram Nagar Colony. Panchu Chak, Danapur, Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.
2.
The Secretary, Agriculture Department, Govt. of Bihar, Patna. 3.
The Joint Secretary, Agriculture Department, Govt. of Bihar, Patna. 4.
The Additional Secretary, Agriculture Department, Govt. of Bihar, Patna. 5.
The Special Secretary, Agriculture Department, Govt. of Bihar, Patna. 6.
The Deputy Secretary, Agriculture Department, Govt. of Bihar, Patna. 7.
The Under Secretary, Agriculture Department, Govt. of Bihar, Patna. 8.
The Accountant General (A and E) , Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Kumar For the Respondent/s :
Mr.Standing Counsel 20 Mrs. Pushpanjali, AC to SC 20 For the A.G :
Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and counsel for the State and counsel for the A.G.
2. The present writ petition has been filed for directing the respondent authorities to give the pay-scale/pay band of Joint Director to the petitioner from the date he assumed the charge of the said post, with all consequential monetary benefits and further the authorities be directed to refix and pay all the post retiral benefits of the petitioner.
Patna High Court CWJC No.10503 of 2024(2) dt.15-07-2024 2/3
3. Learned counsel for the petitioner submits that with a view to redress his grievance, he has filed several representation, and lastly, the Director of Agriculture, Bihar Government has demanded some documents from him which he has submitted on 14.10.2023 and department has received the documents on 16.10.2023. Counsel further submits that even after documents provided by his side, no decision has been taken from the respondent authority yet.
4. Counsel further submits that during the pendency of the his representation, this Hon'ble Court has pleased to pass order dated 24.04.2016 in L.P.A. No. 1686/2010. Counsel further submits that the case is squarely covered by the aforesaid mentioned L.P.A.
5. Counsel for the State seeks permission to file counter affidavit.
6. After hearing the parties, it transpires to this Court that keeping such type of writ petition pending where representation has not been yet disposed off is just wastage of the precious time of this Court.
7. As such, this writ petition is disposed off directing the State of Bihar through the Principal Secretary, Agriculture Department, Govt. of Bihar, Patna (Respondent No. 1) to
Patna High Court CWJC No.10503 of 2024(2) dt.15-07-2024 3/3 consider the representation filed by the petitioner and keeping in mind the order passed in L.P.A. No. 1686/2010 shall grant relief to the petitioner if it has been found that petitioner's case is covered under 4(C) of the Bihar State Litigation Police, 2011 and if not covered, he shall pass reasoned and speaking order within 90 days from the date of production/receipt of this Court (Dr. Anshuman, J) Sunnykr/- U