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Patna High CourtCWJC/19624/2024disposed

Bhuneshwar Sah v. The State Of Bihar

2025-01-08Mr. Justice Arvind Singh Chandel3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19624 of 2024 ====================================================== Bhuneshwar Sah S/o- Gena Lal Sah R/o- Village- Thumma, P.S.- Runni Saidpur, District- Sitamarhi, Bihar.

... ... Petitioner/s

Versus

1.

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

2.

The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna. 3.

The Chief Engineer-3, Rural Works Department, Govt. of Bihar, Patna. 4.

The Superintending Engineer, Rural Works Department, Circle, Sitamarhi. 5.

The Executive Engineer, Rural Works Department, Works Division, Sitamarhi.

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

For the Petitioner/s :

Mr.Ankita Roy,Adv For the Respondent/s :

Mr.Ravi Kumar, A.C to G.P 13 Mr. Akshay Lal Prasad, A.C to G.P 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 08-01-2025 Heard.

2. This petition has been preferred by the petitioner seeking following relief as contained in para 1 of petition at second round of litigation.

"i. That the present writ application is being filed by the Petitioner, for issuance appropriate writ/writs, order/orders or direction/directions in the nature of Mandamus for the revision of 3rd M.A.C.P. Grade Pay of the Petitioner with effect from 24.09.2017 at the rate of grade pay Rs. 4200/- whereas the Petitioner has been 3rd M.A.C.P. grade pay Rs.

Patna High Court CWJC No.19624 of 2024(2) dt.08-01-2025 2/3 2800/- which is erroneous and required to be revised."

3. Learned counsel for the petitioner submits that in the first round of litigation this Court vide its order dated 26.04.2024 passed in C.W.J.C. No. 6173/ 2024 has directed the petitioner to firstly approached the respondent no. 05 i.e. the Executive Engineer, Rural Works Department, Works Division, Sitamarhi for redressal of his grievances. Accordingly, the petitioner approached the respondent no. 05 and filed his representation vide Annexure P/6 and P/7 series, but no decision has been taken by the respondent no. 05 yet.

4. It is further submitted by the counsel that while passing of the order dated 26.04.2024, this Court not fixed the any time limit for redressal of the grievance made by the petitioner and as of now even after completion of more than 5 to 6 months, no decision has been taken by the respondent no. 05. Therefore, it is prayed by the counsel that the petition may be disposed of directing the respondent no. 05 to comply with the order dated 26.04.2024 passed by this Court within specific period fixed by this Court.

5. The above limited period made by the counsel is not opposes by the respondent-State counsel.

6. Considering the submission put forth by both the

Patna High Court CWJC No.19624 of 2024(2) dt.08-01-2025 3/3 counsels, the petition is disposed off. The Respondent no. 5 is directed to consider the claim of the petitioner as directed by this Court vide order dated 26.04.2024 passed in C.W.J.C. No. 6173 of 2024 within 45 days from today accordance with relevant rules and law.

(Arvind Singh Chandel , J) krishnakant/- U