Md. Salauddin v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18801 of 2021 ====================================================== Md. Salauddin Son of Bakshish Karim Shah Mohalla - Dargah road, P.O. and P.S. - Gopalganj, District- Gopalganj, Bihar - 841428. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Home Department, Government of Bihar, Patna. 3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Principal Secretary, Transport Department, Government of Bihar, Patna. 5.

The Commissioner, Saran Division at Chapra, Government of Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kaushik, Advocate For the State :

Mr.Saroj Kr. Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an order, direction or a writ of certiorari for quashing the Memorandum No. 3065 dated 30.11.2016 issued by the Commissioner's office, Saran Divison, Chapra whereby and where under the representation filed by the petitioner on 27.10.2016 by which he had withdrawn the option exercised by him earlier for pay fixation upon grant of third A.C.P. under the M.A.C.P. Scheme, 2010 from the date of grant of third A.C.P. and requested for pay fixation from the date of increment i.e. 01.07.2015 in pursuance of Fundamental Rules 22(1)(A)(1), has been

Patna High Court CWJC No.18801 of 2021(2) dt.06-03-2024 2/2 rejected thereby causing perpetual loss of one increment to the petitioner.

(ii) For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to allow pay fixation of the petitioner upon grant of third A.C.P. with effect from the date of increment instead of date of third A.C.P. and in light of the option exercised by him on 27.10.2016.

(iii) For issuance of an order, direction or a writ of mandamus for directing the respondent authorities to make payment of the arrears of difference of salary to the petitioner in consequence of his fixation of pay from date of increment i.e. 01.07.2015."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondentauthorities for redressal of his subsisting grievances, if any. Liberty so sought is granted.

3. The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Saurav/- U