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Patna High CourtCWJC/13323/2023disposed

Parmanand Prasad v. The State Of Bihar

2024-03-11Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13323 of 2023 ====================================================== Parmanand Prasad Son of Late Dineshwar Sah, Resident of VillageMajirabad, Post-Subhai, P. S.- Hajipur Sadar, District- Vaishali at Hajipur and Presently residing at Mohalla- Rajiv Nagar, Road No.26-A, P.O.- Keshari Nagar, P.S.- Rajiv Nagar, District and Town- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Govt. of Bihar, Old Secretariat, Patna.

2.

The Additional Chief Secretary/Principal Secretary, Department of Finance, Govt. of Bihar, Old Secretariat, Patna.

3.

The Secretary (Resource), Department of Finance, Govt. of Bihar, Old Secretariat, Patna.

4.

The Director, Department of Finance Audit Directorate, Department of Finance, Govt. of Bihar, Vitta Bhawan, Gardanibagh, Patna. 5.

The Assistant Director, Department of Finance Audit Directorate, Department of Finance, Govt. of Bihar, Vitta Bhawan, Gardanibagh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anil Kumar Singh ( Gp 26 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-03-2024 The present writ petition has been filed seeking the following reliefs:- "(1) For issuance of appropriate writ/writs in the nature of mandamus commanding/ directing the respondent authorities concerned to grant M.A.C.P. w.e.f. 01.01.2009 in view of Clause-9 of the Resolution issued vide Memo No.7566 dated 14.07.2010, by Department of Finance, Govt. of Bihar, Patna on the basis of same Grade Pay i.e. Rs.4200/-

Patna High Court CWJC No.13323 of 2023(2) dt.11-03-2024 2/3 after including past service of the petitioner as same Grade Pay for which the petitioner is entitled to in accordance with law, which has not paid to him during his service period.

(II) Further for directing the respondents concerned to revise the pay after including past service of the petitioner as same Grade Pay according to Grade Pay of Rs.4600/- w.e.f. 01.01.2009 after granting 1 M.A.C.P. benefits to the petitioner.

(III) Further to direct the respondents concerned to pay compensation for not granting promotional benefits i.e. M.A.C.P. according to M.A.C.P. Scheme, 2010 w.e.f. 01.01.2009 in time to the petitioner due to which mental, physical and financial harassment has been caused to the petitioner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.4, i.e. the Director, Department of Finance Audit Directorate, Department of Finance, Govt. of Bihar, Patna for redressal of his aforesaid grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.13323 of 2023(2) dt.11-03-2024 3/3 3.

It is needless to state that in case appropriate representation is filed, within a period of two weeks from today, the Director, Department of Finance Audit Directorate, Department of Finance, Govt. of Bihar, Patna shall dispose off the same by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U