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Patna High CourtCWJC/17956/2024disposed

Pramod Kumar v. The State Of Bihar

2024-11-27Mr. Justice Nani Tagia2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17956 of 2024 ====================================================== Pramod Kumar Son of Sri Shankar Ram Resident of- B/1 Ganga Bridge Colony Industrial Area Hajipur at Present resided at Vrindavan Apartment, Flat No.- 102, New Chitragupta Nagar, Kankarbagh, P.S.- Kankarbagh, District- Patna, Presently Posted as Assistant Engineer Building Division, Sub- Division No.- 02, Patna.

... ... Petitioner

Versus

1.

The State of Bihar through Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Deputy Secretary, Building Construction Department, Government of Bihar, Patna.

4.

The Engineer- in- Chief- Cum- Addl. Commissioner- Cum- Special Secretary, Building Construction Department, Government of Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sarveshwar Tiwary, Advocate For the Respondents :

Mr. Government Pleader (18) Mr. Navnit Kumar, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 27-11-2024 Heard learned counsel for the parties.

2. By means of this writ petition, the petitioner has put to challenge the notification bearing Memo No. 6036(bh) dated 05.08.2024 issued under the signature of respondent No. 3/ the Deputy Secretary, Building Construction Department, Government of Bihar, Patna by which notification two increments of pay without cumulative effect of the petitioner have been withheld.

3. Against the aforesaid impugned notification, the petitioner preferred an appeal before the Secretary, Building

Patna High Court CWJC No.17956 of 2024(2) dt.27-11-2024 2/2 Construction Department, Government of Bihar, Patna on 12.08.2024 under Rule 24(2) of Bihar C.C.A. Rule, 2005 which according to the petitioner has not yet been disposed off by the respondent No. 2/ the Secretary, Building Construction Department, Government of Bihar, Patna.

4. Since the appeal preferred by the petitioner before the respondent No. 2, as stated above, is a statutory appeal filed under the Bihar C.C.A. Rule, 2005 which is stated to have not been considered and disposed off by the respondent No. 2 till date, this writ petition is hereby disposed off with a direction to the respondent No. 2/ the Secretary, Building Construction Department, Government of Bihar, Patna to consider the appeal dated 12.08.2024 preferred by the petitioner under the provision of Bihar C.C.A. Rule, 2005 and dispose off the same, in accordance with law, by passing a speaking order within a period of four weeks from the date of receipt of a certified copy of the order.

(Nani Tagia, J) Nishant/- U