Dinesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12683 of 2024 ====================================================== Dinesh Kumar Das S/O Late Jagranath Das, R/o Mohalla- Das Colony, P.S.- Mithanpura, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Revenue, Bihar, Patna.

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The Joint Secretory Department of Revenue and Land Reform, Bihar, Patna. 4.

The Collector, Muzaffarpur.

5.

The Additional Collector, Muzaffarpur.

6.

The Block Development Officer, Motipur, Muzaffarpur. 7.

The Circle Officer, Motipur, Muzaffarpur.

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

For the Petitioner/s :

Mr.Manoj Kumar Manoj, Advocate For the Respondent/s :

Mr.Sarvesh Kumar Singh, AAG-13 Mr. Arya Achint, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-08-2024 Heard Mr. Manoj Kumar Manoj, learned counsel appearing on behalf of the petitioner and Mr. Sarvesh Kumar Singh along with Mr. Arya Achint, learned counsel appearing on behalf of the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "That this application is for issuance of appropriate writ/writs by commanding the Respondents to make payment of MACP with all consequential benefit in light of Letter

Patna High Court CWJC No.12683 of 2024(2) dt.29-08-2024 2/3 no.251(4)/Ra. dt. 02.09.2020 (Annexure P2) issued by Respondent no.3 and further to provide Grade pay of Rs.4600 for the Second ACP and Grade Pay of Rs.5400 for the Third ACP alternatively as per entitlement of MACP to petitioner by further making enhancement of Monthly Pension and Gratuity with interest including Arrear of Salary and Pension to be paid to petitioner, in the interest of justice."

3. Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation before respondent no.4 (the Collector, Muzaffarpur) for redressal of his grievance, as prayed for in the present writ petition, in view of the law laid down by the Apex Court in case of Amresh Kumar Sinha & Ors. v. The State of Bihar & Ors. [SLP (C) Nos. 8219-8226 of 2016] and later on clarified by the Full Bench of this Court in the case of Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017).

3. Considering the aforesaid submission made on behalf of the petitioner, the respondent no.4 is required to call for service particulars of the petitioner and verify, as to whether, any disciplinary action was taken against the petitioner and decide the grievance of the petitioner expeditiously, in light of the law laid down by the Apex Court in the case of Amresh Kumar Sinha (Supra) and the Full Bench of this Court in the case of Kamlanand Thakur (Supra).

Patna High Court CWJC No.12683 of 2024(2) dt.29-08-2024 3/3

4. Accordingly, the present writ petition application stands disposed of.

(Purnendu Singh, J) chn/durgesh U