Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1291 of 2020 ====================================================== Raushan Kumar S/o Late Sitaram Chaurasiya Resident of Village- Baraepura, P.S. Birpur, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Finance Department Govt of Bihar, Patna. 3.

The Principal Secretary, General Administration Department, Govt of Bihar, Patna.

4.

The Superintending Engineer, South Bihar Circle, Building Construction Department, Govt of Bihar, Patna.

5.

The Executive Engineer, Garden Division, Building Construction Department, Patna, District- Patna.

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

For the Petitioner/s :

Mr Mukund Mohan Jha, Advocate For the Respondent/s :

Mr Vipin Kumar Singh, AC to SC XXII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner as well as the learned State Counsel.

Petitioner's grievance is that his claim for being granted salary in the Pay Scale of Rs 5,200/- + Grade Pay 2,400/- is pending consideration before the Executive Engineer, Garden Division (Respondent No 5). Copy of the representation, said to have been received on 06.11.2019, is Annexure 5 to the writ petition. Submission is of nonconsideration of the petitioner's claim raised in the said representation. Adjudication, therefore, is not required, since

Patna High Court CWJC No.1291 of 2020(2) dt.18-02-2020 2/2 the issue is yet to be considered by the Executive Engineer himself. Pendency of the writ petition would, therefore, be futile.

Writ petition is disposed of with a direction to Respondent No 5 to dispose of the petitioner's representation (Annexure 5) having regard to the petitioner's claim that some benefit has been granted to juniors as per Annexure 4 to the writ petition, by reasoned and speaking order in accordance with law expeditiously without any undue delay and preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) M.E.H./- U