Mithilesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11427 of 2023 ====================================================== Mithilesh Kumar Jha Son of Late Kedar Nath Jha, Resident of villageMangrouni, P.S.- Rajnagar, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Deputy Secretary-cum-Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna. 3.

The Chief Engineer, Flood Control and Water Supply, Water Resources Department, Katihar, having its office at Purnea, District-Purnea. 4.

The Executive Engineer, Drying Division, Muzaffarpur, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh ( GA- 2 ) Mr. Vankatesh Kriti, JC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2024 The present writ petition has been filed seeking the following relief:- "1. That this application is being filed for issuance of an appropriate writ/writs and order/orders is nature of Mandamus for directing and commanding the Respondents to grant benefit of 1st time bound promotion after completion of 10 years of service and IInd time bound promotion after calculation of 25 years of service in terms of recommendation of IVth Pay Revision Commission Report w.e.f. 01.4.1981

Patna High Court CWJC No.11427 of 2023(2) dt.02-01-2024 2/2 and pay the consequential benefits after granting ACP and MACP and also give the other service benefits under ACP Rule and further for any other relief or reliefs for which the petitioner is entitled in the facts and circumstances of the present case."

2.

At the outset, the learned counsel for the respondent-State has submitted, by referring to paragraph nos. 8 & 14 of the counter affidavit, that the case of the petitioner for grant of the benefits of the ACP/MACP scheme is under consideration.

3.

Having regard to the aforesaid stand taken by the respondents in the counter affidavit filed in the present case, I deem it fit and proper to direct the respondents to consider the case of the petitioner for grant of the benefits of ACP/MACP to the petitioner and take a final decision within a period of six weeks of receipt/production of a copy of this order. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U