Ram Sagar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12829 of 2022 ====================================================== Ram Sagar Thakur (Male), aged about 72 years, Son of Mayaram Thakur, Resident of Village- Patahi roop, P.O. Patahi, P.S. Muzaffarpur Sadar, District- Muzaffarpur, the retired Rajaswa Karamchari, Anchal Office, Paroo, District- Muzaffarpur.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Muzaffarpur, Dist. Muzaffarpur. 4.

The Additional Collector, Muzaffarpur, District- Muzaffarpur. 5.

The Deputy Collector Land Reforms, Muzaffarpur, District- Muzaffarpur. 6.

The Circle Officer, Paroo, District- Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar Singh, Adv.

For the State :

Mr. Rishi Raj Sinha, SC19.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-11-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner's counsel submits that the petitioner is retired as 'Revenue Karamchari' in the year 2010. He has been granted benefits of 3rd ACP w.e.f. 01.01.2009. The resultant benefits under PB-2 + Rs. 4800/- was required to be upgraded to

Patna High Court CWJC No.12829 of 2022(2) dt.11-11-2022 2/3 PB-2+ Rs. 5400/-, in terms of the Government decision in the Finance Department dated 17-02-2014.

4. The submission is that in spite of the said decision having been taken, the petitioner remains deprived of the financial benefits. He, therefore, has made a representation on 24.12.2021 before the District Magistrate, Muzaffarpur (Annexure- P-8). It is submitted that the petitioner would be satisfied if the representation is disposed of after due consideration.

5. The learned counsel for the State, on the other hand, submits that the petitioner's claim is untenable being with retrospective effect.

6. Considering the rival submissions, since the limited prayer is for disposal of the petitioner's representation by the Authority, this Court does not find any occasion to record any findings on the petitioner's claim. Since the decision is yet to be taken by the District Magistrate-cum-Collector, Muzaffarpur, (Respondent No.3), the writ application is disposed of with a direction to Respondent No.3 to consider the petitioner's representation by a reasoned and speaking order, in accordance with law. Let final order be passed within a period of eight (08) weeks from the date of receipt/production of a copy of this

Patna High Court CWJC No.12829 of 2022(2) dt.11-11-2022 3/3 order. If any financial benefits are found admissible, the same should also be paid to the petitioner within a period of eight weeks thereafter.

(Madhuresh Prasad, J) shyambihari/- U