Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15235 of 2024 ====================================================== Sunil Kumar son of Late Satya Narayan Poddar Resident of Mohalla -Gurudwara Road, Keshopur, P.S..-Jamalpur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms, Bihar, Patna.

2.

The Additional Chief Secretary, Finance Department, Government of Bihar. 3.

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

4.

The Divisional Commissioner, Munger Division, Munger. 5.

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

The Deputy Collector(Establishment), Munger.

7.

The Circle Officer, Sadar, Munger.

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

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the State :

Mr. Uday Prasad (AC to GP-22) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-10-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "I. For issuance of an appropriate writ in the nature of Mandamus commanding the concerned respondents to give the benefit of 3rd MACP considering the application dated 08.11.2023 written to the respondent No.05 on the very ground that the petitioner superannuated from service on

Patna High Court CWJC No.15235 of 2024(2) dt.07-10-2024 2/3 30.11.2022 from Circle Office, Sadar Munger from the post of Revenue Clerk (Rajaswa Karmchari) and he has completed total period of his service which is 36 years 08 months.

II. For a direction to the concerned respondents to grant petitioner grade pay of Rs. 4800/- instead of grade pay of Rs.4600/- as 2nd M.A.C.P. has been given from 01.01.2009, but grade pay has been given Rs.4600/- which is erroneous, considering the representation dated 04.01.2024 and application dated 11.07.2024.

III. For a direction to the concerned respondents to grant the arrears of 2nd M.A.C.P. after modifying the grade pay of Rs.4800/- instead of grade pay of Rs.4600/- with effect from 01.01.2009.

IV. For any other relief/reliefs for which the petitioner is found entitled to."

3. Learned counsel for the State raised preliminary objection and submits that the Government of Bihar through General Administration Department has framed a rule namely Bihar Government Servant Grievances Redressal Rules, 2019 to deal such type of situations and grievance of the petitioner is fully covered under the said rule.

Patna High Court CWJC No.15235 of 2024(2) dt.07-10-2024 3/3

4. In the light of the submissions made by the parties, the present writ petition stands disposed off directing the petitioner to file fresh complaint before the appropriate authority under the said rule within 30 days and the authority shall decide the complaint of the petitioner strictly according to the time frame specified in the said rule i.e. Bihar Government Servant Grievances Redressal Rules, 2019.

(Dr. Anshuman, J) Divyansh/- U