Lallan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14824 of 2024 ====================================================== Lallan Singh Son of Late Tribhuwan Singh Resident of village and P.O.- Kasap, P.S.- Udwant Nagar, District- Bhojpur At Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Water Resources Department, Sinchai Bhawan, Beli Road, Patna. 2.

The Chief Engineer, Flood Control and Water Discharge, Water Resources Department, Birpur, District- Supaul.

3.

The Superintending Engineer, Eastern Koshi Tatbandh Circle, Saharsa. 4.

The Executive Engineer, Western Tatbandh Division, Nirmali, Supaul, District- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Anand For the Respondent/s :

Mr. Standing Counsel, 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 01-10-2024 The petitioner has filed the instant writ petition for the following reliefs:

"1. That an appropriate writ or direction be issued, commanding the respondents to consider and grant the 1"

time bound promotion w. e. from 01.03.1991 and 1" and 2nd A.C.P. w. e. f. 9.8.1999 and 01.03.2005 and M.A.C.P w. e. f. 1.3.2011 with all consequential benefits including monetary benefits of service, in the light of the rules framed by the state govt. as well as law settled by the Hon'ble Appex Court on 25.04.2023 and also full bench of this Hon'ble court in the case of Kamalanand Thakur and analogous cases.

II. That an appropriate writ or

Patna High Court CWJC No.14824 of 2024(2) dt.01-10-2024 2/3 direction be also issued to the respondents to consider and revised the pay scale and pension, gratuity and other retiral benefits on account of granting the said promotion and make payment of financial benefits with statutory interest to the petitioner, in pursuant to the decision taken by the finance department by Memo No. 163 dated 08.01.2016.

III. Any other relief or reliefs may be granted to the petitioner as he is found legally entitled too in the fact and circumstance of the case."

2. The instant matter is fully covered by the decision of the Hon'ble Supreme Court in the case of Amresh Kumar Singh & Ors. Vs. the State of Bihar & Ors., reported in 2023(2) PLJR (SC) 423 and subsequent Full Bench decision in Kamlanand Thakur vs State of Bihar (CWJC No. 18727 of 2017) decided on 28th June 2024.

3. The respondents are directed to dispose of the grievance of the petitioner within 60 days from the date of this order, taking into account the covered matters in the abovementioned cases as well as Section 4(C)(1) of the Bihar State Litigation Policy, 2011.

4. In the instant case, I am of the considered view that in order to give the above-mentioned reliefs, no counteraffidavit is necessary.

Patna High Court CWJC No.14824 of 2024(2) dt.01-10-2024 3/3

5. The respondents are directed to take appropriate decision within 60 days from the date of communication of this order.

6. In view of such circumstances, the instant writ petition is disposed of with the above direction. (Bibek Chaudhuri, J) Suraj Dubey/- U