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Patna High CourtCWJC/14930/2023dismissed

Manoj Kumar Singh v. The State Of Bihar

2024-03-28Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14930 of 2023 ====================================================== Manoj Kumar Singh son of Laxman Singh, resident of Village-Sakraili, P.O.- Semapur, P.S.-Barari, District-Katihar.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of General Administration, Governemnt of Bihar, Patna.

3.

The Principal Secretary, Department of Health, Governemnt of Bihar, Patna. 4.

The Director-in-Chief, Health Services, Governemnt of Bihar, Patna. 5.

The District Magistrate, District-Aurangabad. 6.

The Civil Surgeon-cum-Chief Medical Officer, Aurangabad, Bihar. 7.

The District Provident Fund Officer, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Dubey, Adv.

For the Respondent/s :

Mr. Ravi Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). To issue an appropriate writ preferably in the nature of mandamus commanding upon the Respondent authorities to shift the date of joining of the petitioner to the Class-III post in pursuance of Advertisement No.39/1998 from 17.1.2006 to 24.01.2004 i.e. the date on which persons ranked below the petitioner in merit list, have been appointed with all consequential benefits.

(ii). To issue an appropriate writ preferably in the

Patna High Court CWJC No.14930 of 2023(2) dt.28-03-2024 2/3 nature of Mandamus, commanding upon the Respondent authorities to fix seniority of petitioner as per the merit list dated 16.1.2003 published by the Bihar Public Service Commission and to grant all Notional benefits of continuous service as may be available to the candidates appointed from the same merit list occupying place below the petitioner.

(iii). To issue an appropriate writ preferably in the nature of mandamus commanding upon the Respondent authorities to shift the petitioner to benefits of old pension scheme which was in existence prior to 1.9.2005 since other appointees placed below the petitioner in the merit list, have been provided benefits of old pension scheme. (iv). To issue an appropriate writ preferably in the nature of mandamus commanding upon the Respondent authorities to fix seniority and salary of the petitioner treating his date of appointment to be on 24.1.2004 and to pay all consequential monetary benefits to the petitioner w.e.f. 24.1.2004, the date on which several candidates placed below petitioner in the merit list were appointed."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the Respondents authorities for redressal of his aforesaid

Patna High Court CWJC No.14930 of 2023(2) dt.28-03-2024 3/3 grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U