Abadhesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11306 of 2024 ====================================================== Abadhesh Kumar Singh Son of Late Fuleshwar Prasad Singh Resident of village- Daldal, P.S.- Bheja (Madhepur), District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Water Resources Department, Bihar, Patna.

2.

Additional Chief Secretary, Water Resources Department, Bihar, Patna. 3.

Chief Engineer, Irrigation Creation, Water Resources Department, Saharsa. 4.

Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshvardhan Shivsundaram, Advocate For the A.G.

:

Mr. Bindhyachal Rai, Advocate For the Respondent/s :

Government Pleader (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ petition has been filed with the following reliefs:- (i) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondent No. 3 to grant benefit of ACP/MACP to the petitioner with effect from due date as the petitioner superannuated on 31.05.2020 after

Patna High Court CWJC No.11306 of 2024(2) dt.30-07-2024 2/3 regular service of about 31 years against the post of Mapak in the office of respondent No. 3 but the respondents have not granted the said benefit to the petitioner till date without any rhyme or reason.

(ii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondents to pay consequential monetary benefits to the petitioner along with interest.

(iii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondent No. 4 to revise the postretirement benefits of the petitioner consequent to grant of benefit of ACP/MACP and to pay difference amount.

(iv) To grant any other relief or reliefs to which the petitioner is

Patna High Court CWJC No.11306 of 2024(2) dt.30-07-2024 3/3 entitled for.

3. Learned counsel for the petitioner submits that the petitioner has filed the representation before the Chief Engineer, which is Annexure P/3, but no decision has been taken by him till date. Therefore, he preferred the present writ petition.

4. Learned counsel for the State submits that the General and Administrative Department, Government of Bihar, has notified a Rule i.e., Bihar Government Servant Grievances Redressal Rules, 2019, under which remedy is available to the petitioner to file representation before the concern authority.

5. In that view of the matter, the writ petition is disposed off directing the petitioner to avail the remedy under the Bihar Government Servant Grievances Redressal Rules, 2019 and file representation within thirty days from today before the respondent concerned, who shall take a decision in this matter within 90 days from the date of receipt/production of a copy of this order along with representation. (Dr. Anshuman, J.) Mkr./Aman/- U