← Library
Patna High CourtCWJC/17933/2022disposed

Braj Raj Kishore v. The State Of Bihar

2025-07-29Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17933 of 2022 ====================================================== Braj Raj Kishore Son of Late Ramjee Prasad Verma Resident of Bindhyavasni Street, behind Ayurvedic Hospital, New Area, Kadamkuan, Police StationKadamkuan, District- Patna- 800003. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 4.

The District Magistrate, Nalanda, Biharsharif. 5.

The Chief Executive Officer, Zila Parishad, Nalanda, Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Shankar Prasad, Advocate For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Zila Parishad.

2. The present writ petition has been filed for the following relief/s:- "I. For commanding the respondents to consider the representation dated 29.09.2022 and 29.10.2022 filed by the petitioner for payment of full salary excluding 20% of full salary as paid to him as additional pay/allowance for the officiation period as the petitioner had officiated to the post of District Engineer in the District Board, Nalanda

Patna High Court CWJC No.17933 of 2022(3) dt.29-07-2025 2/3 during the period 12th February 1986 to 31.01.2010 till his retirement in the light of order dated 04.08.2022 passed by the Hon'ble Supreme Court of India in Civil Appeal No.5283 of 2022 and make payment of the same."

3. Learned counsel for the petitioner submits that for getting relief, petitioner has filed representation on 29.09.2022 before the Deputy Development Commissioner-cum-Chief Executive Engineer Officer, Zila Parishad, Nalanda at Biharsharif which is annexed as Annexure-6. But till date, no decision has been taken on the petitioner's representation. Counsel further submits that the counter affidavit has been filed in which no finding on the disposal of petitioner's representation has been made.

4. Learned counsel appearing for the Zila Parishad submits that the petitioner is not entitled for any relief due to the reason that he was getting enhancement of salary by 20%.

5. Upon specific query of this Court that whether any decision has been taken on the representation of the petitioner or not, counsel submits that a time may be fixed so that a decision may be made on the petitioner's representation.

6. In this view of the matter, it is hereby directed to

Patna High Court CWJC No.17933 of 2022(3) dt.29-07-2025 3/3 the petitioner to file a fresh representation before the Chief Executive Officer, Zila Parishad, Nalanda, Biharsharif (Respondent no.5) within 30 days from today along with a copy of this order and Respondent no.5 is directed to pass a reasoned and speaking order on the petitioner's fresh representation within 60 days from the date of receiving of the said representation.

7. Accordingly, with the aforesaid direction, the present writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U