Mahesh Chandra Sahay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8440 of 2017 ====================================================== Mahesh Chandra Sahay, Son of Late Kailash Bihari Lal, Resident of Village+Post- Baruna, P.S. Buxar, District-Buxar, presently residing in the house of Usha Tetrawe at Rani Ghat, Mahendru, P.S. Sultanganj, DistrictPatna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Law Department, Government of Bihar, Patna.

2. The Bihar State Board of Religious Trust, Vidyapati Marg, Patna through its Special Officer.

3. The Administrator-cum-Executive Officer, Bihar State Board of Religious Trust, Vidyapati Marg, Patna.

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

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Respondent/s :

Mr. Krishna Kant Singh AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard the parties.

Following relief(s) have been sought for by the petitioner in the present writ application:

"1(I) For issuance of an appropriate writ in the nature of MANDAMUS for commanding and directing the Respondent-Authorities to pay the gratuity amount to the petitioner like the

Patna High Court CWJC No.8440 of 2017(6) dt.06-11-2020 2/3 State Government Employee who retired from the post of typist on 31-01-2009.

(II) For issuance of an appropriate writ in the nature of MANDAMUS for commanding and directing the Respondent-Authorities for grant of time bound promotion and replacement scale, leave salary and gratuity to the petitioner.

(III) For issuance of an appropriate writ in the nature of MANDAMUS for commanding and directing the Respondent-Authorities to grant benefit of 5th Pay Commission and 6th Pay Commission to the petitioner who retired on 31-01-2009 from the post of typist from the office of Religious Trust Board, Patna.

(IV) For issuance of an appropriate writ in the nature of MANDAMUS for commanding and directing the Respondent-Authorities to pay the salary for 24 months like the employees of other board and corporation because the petitioner was forcibly retired by the Religious Trust Board in the age of 58 years contrary to the decision of the State Government.

(V). For any other relief/reliefs to which the petitioner deemed entitled into the facts and circumstances of the case.

Considering the relief(s) sought for by the petitioner in the present writ application, the petitioner is directed to

Patna High Court CWJC No.8440 of 2017(6) dt.06-11-2020 3/3 file/make a detail representation before the respondent No. 3. Once the representation is filed, the respondent No. 3 shall consider the same and pass an appropriate order in accordance with law within a period of three months from the date of filing/making of such representation.

With the aforesaid observation and direction, this writ application stands disposed of.

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