Santosh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16409 of 2019 ====================================================== Santosh Kumar Prasad Son of Late Krishna Kumar Prasad, Resident of Mohalla-Dhan Shree Mishra Tola Tekari Road, P.O.-Mahendru, P.S.- Sultanganj, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, General and Administrative Department, Government of Bihar, Patna.

2.

The Chief Secretary, Govt. of Bihar, Patna Old Secretariat, Patna. 3.

The Principal Secretary, Agriculture Department, Govt. of Bihar, New Secretariate, Patna.

4.

The Secretary, Agriculture Department, Govt. of Bihar, New Secretariate, Patna.

5.

The Joint Agriculture Director Cum Controller, Measurement and Weightage, Raja Bazar, Bihar.

6.

The Director, Agriculture Department, Govt. of Bihar, Patna. 7.

The Deputy Director, (Administration), Agriculture Directorate, Bihar, Patna,.

8.

Assistant Agriculture Director Cum Deputy Controller, Measurement and Weightage, Purnea.

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Respondent/s :

Mr. Gajendra Pd. Yadav (SC-17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2019 The petitioner has not been paid the benefits of 3rd MACP to him for which he became entitled from 01.01.2009.

It has been submitted on behalf of the petitioner that he is in service since 1975 and got his first and second time bound promotion on time. Thereafter, when

Patna High Court CWJC No.16409 of 2019(2) dt.26-08-2019 2/3 the petitioner became Inspector in Measurement and Weights Department, he was posted at various places and ultimately he superannuated on 31.01.2012 from the post of Inspector. The claim of the petitioner for being paid 3rd MACP to which he had became entitled on 01.01.2009 was recommended by various authorities but till date, despite seven years having been passed after his superannuation, the same has not been paid to him.

This Court has further been informed that persons who were juniors to the petitioner in service have been provided the aforesaid benefits but the same has unauthorizedly been withheld from the petitioner. The petitioner, under the aforesaid circumstances is directed to make a representation before the Secretary, Department of Agriculture, Government of Bihar, Patna (respondent No. 4) within a period of two weeks from today, listing his grievance, who, on receipt of the same shall have the facts verified and pass

Patna High Court CWJC No.16409 of 2019(2) dt.26-08-2019 3/3 necessary orders in accordance with law within a further period of eight weeks. If the claim of the petitioner is found to be tenable, necessary sequel order shall be passed/caused to be passed within the aforesaid period. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U