← Library
Patna High CourtCWJC/452/2024disposed

Bibeka Nand Thakur v. The State Of Bihar

2024-03-15Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.452 of 2024 ====================================================== Bibeka Nand Thakur Son of Late Dwarika Thakur, Resident of Mohalla- Sri Nagar Colony, House No. 4/49 Police Station- Sadar, P.O- Bhagwanpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Additional Chief Secretary, Science and Technology Department, Bihar, Patna.

3.

The Director, Science and Technology Department, Government of Bihar, Patna.

4.

The Principal, L.N.J.P Institute of Technology Chapra, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 15-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed the present writ petition for following reliefs:

"For issuance of a Writ in the nature of mandamus commanding and directing the Respondents Authorities to grant the benefits of Secondary and Third A.C.P./M.A.C.P., after shifting the date of initial appointment with effect from 09.12.1986 in terms of the Office Order No. 83 dated 02.04.2019 issued by the Science and Technology Department pursuant to the direction of this Hon'ble Court as well as the Hon'ble Apex Court, and also to pay the arrears of difference amount as well as other monetary benefits to the petitioner arising out of grant of First,

Patna High Court CWJC No.452 of 2024 dt.15-03-2024 2/3 Second and Third A.C.P./M.A.C.P. from the due date i.e. 10, 20 and 30 years from the date of initial appointment i.e. 09.12.1986 with admissible interest for which the petitioner is legally entitled to.

And/or issue any other appropriate Writ/Writs, direction/directions, order/orders for which the petitioner may be found legally entitled to in the facts and circumstances stated hereunder."

3. Learned counsel for the State fairly submits that direction has already been given earlier to the petitioner to file a representation before the respondent no. 3 i.e. the Director, Science and Technology Department, Government of Bihar, Patna.

4. Considering the above-made submission, this Court directs the petitioner to file a detailed representation before respondent no. 3 within two weeks and the respondent no. 3 is directed to dispose of any such representation filed by the petitioner with a reasoned and speaking order in accordance with law within six weeks, after hearing learned counsel for the petitioner.

5. It is made clear that the respondent no. 3 shall be personally responsible for non-compliance of this order within the stipulated period.

6. If the claim of the petitioner is found to the true, the payment shall be made to the petitioner within a period of

Patna High Court CWJC No.452 of 2024 dt.15-03-2024 3/3 four weeks.

7. Accordingly, the present writ petition stands disposed of.

(Anjani Kumar Sharan, J) anand/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.03.2024 Transmission Date NA