Ranjit Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20965 of 2019 ====================================================== Ranjit Kumar Sinha, Son of late Surendra Prasad Ambasta, Resident of Mani Colony, Near Argara Chowk, P.S. Madhubani, District- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Road Construction Department, Bihar,Patna.

2.

The Chief Engineer, National High Way Wing, Road Construction Department, Bihar, Patna.

3.

The Superintending Engineer, National High Way Circle, Purnea. 4.

The Commissioner, Purnea Division, Purnea.

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Respondent/s :

Mrs. Puspanjali Sharma, AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the parties.

2. It is the petitioner's claim that he is entitled for second MACP with effect from 01.01.2010 and third MACP with effect from 01.01.2016. He has been given benefit of first MACP with effect from 14.02.2009. The petitioner was holding the post of Correspondence Clerk when he superannuated from service on 31.01.2019.

3. Mr. Ajit Kumar Singh, learned counsel for the petitioner has drawn my attention to Annexure-3 of the writ application whereby the Executive Engineer, National Highway Division, Purnea, vide his letter dated 08.08.2016, had requested the Superintending Engineer to take necessary action in respect

Patna High Court CWJC No.20965 of 2019(2) dt.25-11-2019 2/2 of grant of second and third MACP to the petitioner. It is being argued that despite lapse of more than three years, no decision has been taken.

4. Considering the facts and circumstances, this writ application is disposed of with a direction that let the Superintending Engineer, National Highway Circle, Purnea (Respondent No. 3) take a decision on the question of grant of Assured Career Progression to the petitioner, as is being claimed in the present writ application, within two months from the date of receipt/ production of a copy of this order. It goes without saying that if the petitioner is found to be entitled to such benefits, the consequential benefits must be extended to him in terms of arrears of salary and revision in pension expeditiously without any delay. It is also recorded that in case the respondents do not find the petitioner entitled to the MACP, as is being claimed by him, the Superintending Engineer will be required to record reasons and communicate the same to the petitioner within the said period of two months.

5. This disposes of the writ application.

(Chakradhari Sharan Singh, J) Rajesh/- U