Md. Mahtab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.287 of 2024 ====================================================== Md. Mahtab Alam Son of Late Khaliluddin Resident of Mohalla Shekhana Kalan P.S.- Bihar Sharif District Nalanda, Presently Posted and Working as Senior Audit Officer in the Officer of District of District Audit Office Cooperative Societies, Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative Department Govt. of Bihar, Patna.

2.

The Secretary, Co-operative Societies, Bihar, Patna. 3.

The Registrar, Co-operative Societies, Patna. 4.

The Deputy Chief Auditor, Bihar, Patna.

5.

The District Audit Officer, Co-Operative Societies Nawada 6.

The District Audit Officer, Co-Operative Societies Vaidhali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman, Adv.

For the Respondent/s :

Mr.Government Advocate 08 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(A) For issuance of appropriate writ/order or direction commanding the respondents to grant promotion to the petitioner on the post of SubDivisional Audit Officer, by giving benefit of MACP after certifying the service period of the petitioner. (B) For issuance of appropriate writ/order or direction commanding the respondents to grant benefit of MACP (3rd ACP) to the petitioner on completion of 30 years of service.

(C) For issuance of appropriate writ order of direction commanding the respondents particularly the respondent no. 6 to pay one day (20.07.2004) salary for suspension period to the petitioner which

Patna High Court CWJC No.287 of 2024(2) dt.15-02-2024 2/2 has not yet been paid to the petitioner in violation of order dated 20.04.2015 passed in CWJC No. 14415/2008 and non payment of said one day (20.07.2004) salary creates hurdle in grant of promotion to the petitioner.

(D) For issuance of appropriate writ/ order or direction commanding the respondents to pay arrears as well as current salary and monetary benefits on grant of said promotion and MACP to the petitioner with 9 % p.a interest."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Registrar, Co-operative Societies, Bihar, Patna, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representation is filed by the petitioner, before the Registrar, Cooperative Societies, Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U