Ram Bhagwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19979 of 2021 ====================================================== Ram Bhagwan Singh son of Late Ramchandra Singh, resident of VillageBhupatipur, Post- Dhelwan, P.S.- Gaurichak now Ram Krishna Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Minor Water Resources, Government of Bihar, Secretariat, Bihar, Patna. 3.

The Deputy Secretary, Department of Minor Water Resources, Government of Bihar, Secretariat, Bihar, Patna.

4.

The Under Secretary, Department of Minor Water Resources, Government of Bihar, Secretariat, Bihar, Patna.

5.

The Chief Engineer, Department of Minor Water Resources, Government of Bihar, Patna.

6.

The Superintending Engineer, Department of Minor Water Resources, Government of Bihar, Patna.

7.

The Director, Department of Ground Water Investigation, Government of Bihar, Patna.

8.

The Deputy Director, Department of Ground Water Investigation, Government of Bihar, Patna.

9.

The Deputy Director, Department of Ground Water Investigation, Government of Bihar, Bhagalpur Division, Bhagalpur. 10.

The Executive Engineer, Department of Ground Water Investigation, Government of Bihar, Patna Division, Patna.

11.

The Executive Engineer, Department of Minor Water Resources, Government of Bihar, Bhagalpur Division, Bhagalpur. 12.

The Deputy Director, Department of Ground Water Investigation, Government of Bihar, Bhagalpur Division, Bhagalpur. 13.

The Treasury Officer, Patna, District- Patna. 14.

The Treasury Officer, Bhagalpur, District- Bhagalpur. 15.

The Director Provident Fund, Provident Fund Directorate, Pant Bhawan, Bailey Road, Patna.

16.

The District Provident Fund Officer, Bhagalpur, District- Bhagalpur. 17.

The District Provident Fund Officer, Patna, District- Patna. 18.

The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.19979 of 2021(3) dt.24-04-2024 2/3 For the Petitioner/s :

Mr.Nityanand Mishra, Advocate For the Respondent/s :

Mr.Kapileshwar Prasad Yadav ( Gp11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2024 The present writ petition has been filed seeking the following relief:- "(i) For issuance of appropriate writ/writs in the nature of mandamus commanding/directing the respondent authorities concerned to grant and pay 1st, 2nd, 3rdACP wef 09.08.1999 in the Pay Scale of Rs.4000 6000/ 2nd A.C.P. w.ef. 09.08 1999 in the Pay Scale of Rs 4500-7000/ and 3rd MACP w.e.f. 01.01.2009 in the Grade Pay of Rs.4200/- for which the petitioner is entitled to in accordance with law, which has not been paid to him during his service period.

(II) Further for direction to the respondents specially the Accountant General (A&E), Bihar, Patna (Respondent No.17) to revise and re-fix the pensionery benefits i.e. pension, gratuity, leave encashment etc. on the basis of grant of 1st , 2nd , 3rd ACPs and M.A.C.P. according to Class-III Post as Fitter Grade-ll to the petitioner and pay the same to the petitioner along with admissible interest after revise and re-fix the pensionery benefits of the petitioner.

(III) Further to direct the respondents concerned to pay compensation for not granting 1st, 2nd, 3rd ACPs and M.A.C.P. according to Class-III Post as Fitter Grade-Il to the petitioner due to which mental, physical and financial harassment has been caused to the petitioner (IV) Further to direct the respondents concerned to pay

Patna High Court CWJC No.19979 of 2021(3) dt.24-04-2024 3/3 Gratuity amount of Rs.23778/ (Twenty three thousand seven hundred seventy eight only); Rs 8734/- (Eight thousand seven hundred thirty four only) and remaining 10% of Gratuity amount of Rs. 2261/ (Two thousand two hundred sixty one only)ie Rs.23778-8734+2261=14773/ which hat not been paid to the petitioner and pay the same to the petitioner along with admissible interest. (V) Further to direct the respondents concerned to pay the GPF amount for the period of Work Charge Establishment I.e from the date 01.03.1980 tο 10.02.1987 to the petitioner and pay the same to the petitioner along with statutory interest and also furnish the entire calculation chart in this regard to the petitioner."

2.

At the outset, the learned counsel for the respondent-State submits that in compliance of the order of this Court dated 21.03.2024, a sum of Rs.3,22,080/- has already been paid to the petitioner on the head of GPF and as far as the other grievances of the petitioner are concerned, the same shall be redressed expeditiously. It is directed, accordingly. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U