Yatindra Kishore Kushwaha, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23261 of 2019 ====================================================== Yatindra Kishore Kushwaha, Son of Late Basudeo Prasad Kushwaha, Resident of Rajendra Colony, Mirja Tola, Near K.P.M. Vidya Vihar, Sant Kabir Road, P.S.- Bettiah Town, District Bettiah, West Champran. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Co- Operative Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Co-operative Department, Government of Bihar, Patna.

3.

The Registrar, Co-operative Societies, Co-operative Department, Government of Bihar, Patna.

4.

The District Co-operative Officer, Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar with Mr. Kundan Kumar, Mr.

Ayush Kumar Advocates For the Respondent/s :

N o n e.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 29-01-2020 Heard learned counsel for the petitioner. None appears on behalf of the Respondent-State.

The claim of the writ petitioner in the instant writ petition is for grant of Junior Selection Grade w.e.f. 28.10.1994. He is now a retired Government Employee as per averments made in the writ petition. He has retired from the post of District Co-

Patna High Court CWJC No.23261 of 2019 dt.29-01-2020 2/3 Operative Officer, Gaya, on 31.05.2019. The claim of the petitioner for grant of benefit of Junior Selection Grade, is said to have been raised before the Principal Secretary to the Government in the Co-operative Department (Respondent No.1) on 14.10.2015 vide Annexure-1.

It is case of the petitioner that 221 other officers have been granted the benefit of Junior Selection Grade in between 01.04.1981 to 31.12.1995 on various dates. The petitioner's claim, however, has not been considered till date, let alone be granted. The claim, as per Annexure-1, is still pending consideration before the Principal Secretary. Since the claim has to be considered as per entitlement and having regard to the claim of parity raised by petitioner with others, keeping the writ petition pending would be futile as decision considering the various issues raised in the various representations has to be done by the Respondent Authority.

It is, under these circumstances, that the writ petition is disposed off with direction to the Principal Secretary, Co-Operative Department, Govt. of Bihar, Patna (Respondent no.1) to take a final decision on the petitioner's representation (Annexure-1). Let a final decision be taken within a period of eight (08) weeks from the date of receipt/production of a copy

Patna High Court CWJC No.23261 of 2019 dt.29-01-2020 3/3 of this order before the Respondent No.1.

With the aforesaid directions/observations the writ petition stands disposed off.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.02.2020 Transmission Date N/A