Krishna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18090 of 2025 ====================================================== Krishna Ram Son of Late Ram Lagan Ram, Resident of Village -Thawe, Bidesi Tola, P.O- Thawe, P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Panchayati Raj Department, Govt. of Bihar, Veer Chand Patel Road, Patna.

2.

The Deputy Secretary, Panchayati Raj Department, Govt. of Bihar, Veer Chand Patel Road, Patna.

3.

The District Magistrate, Siwan.

4.

The Block Development Officer, Barhariya, P.O. and P.S.- Barhariya, District- Siwan.

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

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Kumar Manish, S.C.-5 Mr. Kumar Pankaj, AC to S.C.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s):

"1. That, this petition is for issuance of an appropriate writ/writs in nature of MANDAMUS for commanding and directing respondent authorities for consideration, adjudication and extension of benefits of MACP with effect from 05.07.2012 i.e., from date of completion of active service of 30 years in the light of provisions of Bihar State Employees Service Condition (Assured Career Progression Scheme) Rules, 2003; as also under the provisions of the Bihar Government Servant (Modified Assured Career Progression

Patna High Court CWJC No.18090 of 2025(2) dt.04-12-2025 2/3 Scheme) 2010 by completing due process requires under law considering his eligibility along with statutory interest over the delayed payment and litigating cost for unnecessary harassment and for other necessary relief/relief's on the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter."

3. At the outset, a preliminary objection is raised by learned counsel for the respondents to the effect that the petitioner has not brought on record any representation having been made by him praying for the reliefs sought for in the instant application. There is also no such statement to the said effect in the writ application.

4. In view of the above, the writ application stands disposed of with a direction to the petitioner to file a representation before the Director, Panchayati Raj Department, Government of Bihar (respondent no.1) within a period of four weeks.

5. In case such a representation is filed, the same shall be decided by the Director, Panchayati Raj Department within a period of three months of its filing and the admissible payment found payable to the petitioner shall be paid to the petitioner within the aforesaid period.

6. In case the respondent concerned finds the reliefs sought for by the petitioner not admissible/payable, a reasoned

Patna High Court CWJC No.18090 of 2025(2) dt.04-12-2025 3/3 order for the same shall be communicated to the petitioner.

7. It is made clear that the Court has not gone into the merits of the case of the petitioner which is to be decided by the respondent concerned.

8. This writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Saurabh/- U