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Patna High CourtCWJC/15700/2022dismissed

Vishwadeo Narain Singh v. The State Of Bihar

2024-03-20Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15700 of 2022 ====================================================== Vishwadeo Narain Singh son of Late Dhanjee Prasad Singh, C/o Pritesh Narayan Singh, Krishnapuri, Nandlal Tola, Nehru Chowk, Chapra, P.S.- Chapra Sadar, District-Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna. 2.

The Engineer-in-Chief cum Additional Commissioner-cum-Special Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna.

3.

The Executive Engineer, Road Construction Department, Road Division, Chapra.

4.

The Executive Engineer, Road Construction Department, Work Division, Chapra.

5.

The Accountant General (Accounts and Entitlement), Bihar, Patna, Birchand Patel Path, Police Station-Kotwali, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sushil Kumar (GP-22) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2024 The present writ petition has been filed seeking the following relief:- "1. That the petitioner above named craves for indulgence of this Hon'ble Court by way of issuance of any appropriate order / orders, direction / directions or writ / writs, preferably in the nature of Mandamus commanding and directing the Respondents concerned to grant the petitioner his all due benefits of

Patna High Court CWJC No.15700 of 2022(2) dt.20-03-2024 2/3 Assured Career Progression (A.C.P.) and M.A.C.P. with payment of its actual amount alongwith penal interest, as the old retired petitioner has superannuated on 31.01.2004 while posted as Junior Engineer, Works Division-1, Chapra, Department of Rural Works without getting benefits of any promotion and now despite repeated demand and representations the benefits of A.C.P./M.A.C.P. is being denied on the basis of proof of passing Hindi noting and drafting Examination, whereas the petitioner who has attained age of 50 years on 02.01.1995 itself, he has been granted exemption from Departmental Examination including Hindi Noting and Drafting Examination in the light of General Administration Department letter No.4368 dated 28.08.2009 as the same has been entered in the service-book of the petitioner but in a very arbitrary and harassing manner he is not being paid his rightful dues.

And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case."

2.

After some arguments, the learned

Patna High Court CWJC No.15700 of 2022(2) dt.20-03-2024 3/3 counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U