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Patna High CourtCWJC/12912/2023disposed

Narendra Nath Anand v. The State Of Bihar

2024-01-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12912 of 2023 ====================================================== 1.

Narendra Nath Anand son of Ganesh Prasad Mandal, Resident of villageBairia, P.O. Mehdi, P.S. Bhawanipur, District - Purnea, presently working as the Revenue Clerk ( Rajaswa Karamchari ) Circle Office, Aurai, DistrictMuzaffarpur. 2.

Murari Chauhan son of Arjun Chauhan, resident of village- Araut, P.O. Bena, P.S. Bena, District - Nalanda at Biharsharif, presently working as the Revenue Clerk (Rajaswa Karamchari) Circle Office, Katra, District Muzaffarpur.

3.

Kailash Prasad Mandal son of Mahadeo Prasad Mandal, resident of village - Dealpur, P.O. Sangit Baita, P.S. Kahalgaon, District - Bhagalpur, presently working as the Revenue Clerk (Rajaswa Karamchari ) Circle Office, Mushahari, District - Muzaffarpur 4.

Vishwamitra Kharwar son of Baban Kharwar, resident of village and P.O. Karma P.S. Buxar, District - Buxar, presently working as the Revenue Clerk (Rajaswa Karamchari), Circle Office, Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

3.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4.

The Joint Secretary, Revenue and Land Reforms Department Government of Bihar, Patna.

5.

The District Magistrate-cum- Collector, Muzaffarpur, District-Muzaffarpur. 6.

The Additional Collector, Muzaffarpur, District-Muzaffarpur. 7.

The Circle Officer, Aurai, District-Muzaffarpur. 8.

The Circle Officer, Katra District-Muzaffarpur. 9.

The Circle Officer, Mushahari, District Muzaffarpur. 10.

The Circle Officer, Sahebganj, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr.Manoj Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2024

1. The present writ petition has been filed seeking the

Patna High Court CWJC No.12912 of 2023(2) dt.22-01-2024 2/3 following relief(s):- "1.(i) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to grant the pay-scale of Rs. 5000-8000 and its corresponding pay scale i.e. PB- 2 Grade Pay- 4200 on account of grant of benefits of first M.A.C.P. from their respective date of grant of benefit of first M.A.C.P. in place of PB-1 Grade Pay- 2000 in view of the letter no.251 dated 02.09.2020 issued by the Revenue and Land Reforms Department read with the Resolution of the Finance Department contained in letter no.7725 dated 09.09.2008 as well as memo no.1625 dated 17.02.2014 on the ground that the petitioners have the requisite qualification for holding their promotional post of Circle Inspector-cumKanoongo i.e. Graduate or more.

(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of differences of arrears of salary to the petitioners on grant of PB- 2 Grade Pay- 4200 on account of grant of benefit of first MACP."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Muzaffarpur, for redressal of their aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.12912 of 2023(2) dt.22-01-2024 3/3

3. It is needless to state that in case appropriate representation is filed by the petitioners before the District Magistrate, Muzaffarpur, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U