Ram Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2177 of 2017 ====================================================== Ram Narayan Singh, Son of late Ram Chandar Singh, resident of VillageDighikala (West), P.S.-Hazipur, Sadar, District-Hazipur retired as Revenue Clerk in Minor Irrigation Division-Hazipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Minor Irrigation Govt. of Bihar, Patna.

3. The Deputy Secretary, Minor Irrigation Department Govt. of Bihar, Patna.

4. The Chief Engineer Minor Irrigation Department, Muzaffarpur.

5. The Superintending Engineer, Minor Irrigation Circle, Muzaffarpur.

6. The Executive Engineer, Minor Irrigation Division, Hazipur,

7. The Divisional Commissioner, Trihut Division, Muzaffarpur.

8. The Accountant General, Bihar Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shailesh Kumar Sharma, Advocate. For the Respondents : Mr. Umesh Kumar Roy, A.C. to G.P. 11. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The following reliefs have been sought for on behalf of the petitioner.

"1 (i) For issuance of an appropriate writ for commanding the respondent authority to issue necessary order for exemption of the petitioner from passing the computer eligibility test and restore the increment of the petitioner which has been withheld as the petitioner took admission and got training of computer of the Govt.

Patna High Court CWJC No.2177 of 2017 (2) dt.03-10-2017 2/3 recognized organization but the examination was held belatedly due to the reason the petitioner passed the computer examination eligibility test after superannuation.

But there is no rule by which the employee above 50 years did not require to pass the computer eligibility test and they are exempted.

(ii) For issuance of an appropriate writ restoring the increment of the petitioner providing monetary benefit and arrears of salary of the petitioner with interest.

(iii) for issuance of an appropriate writ to re-fix the retirement benefit of the petitioner and to pay the arrears and also the pension arrears with interest."

It is submitted by learned counsel for the petitioner that the matter is still pending before the respondent no. 7 i.e., the Divisional Commissioner, Tirhut Division, Muzaffarpur. The similar relief has already been granted to other employees vide Annexures-7 and 4 series to the present writ application. The respondent no. 7, the Divisional Commissioner, Tirhut Division, Muzaffarpur, is directed to consider the case of the petitioner in light of Annexures-7 and 4 series and pass a final order in accordance with law within a period of three months from the date of receipt/production of copy of this order. With the aforesaid observations and directions, the

Patna High Court CWJC No.2177 of 2017 (2) dt.03-10-2017 3/3 present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U