Indrasen Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.447 of 2019 ====================================================== Indrasen Paswan son of late Balelshwar Das resident of village Baijnathpur Post Kaji Fata Chak PS Barbigha District Sheikhpura ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Roy For the Respondent/s :

Mr.P.N.Shahi -Aag6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-08-2019 Heard Mr. Roy, counsel for the petitioner and counsel for the respondents-State.

Writ petition was filed claiming benefit on account of Assured Career Progression for the promotional post of Panchayat Supervisor in the pay scale of Rs. 5000-8000/-. Petitioner, during the pendency of writ proceedings, has been granted benefit of progression under ACP scheme on completion of 12 years and 20 years accordingly. Counsel for the petitioner submits that benefit of upgradation of the scale on account of recommendation of 7th Pay Commission Recommendation has not been considered and granted to the petitioner till date. That remains the only issue after filing of the counter affidavit in the instant proceedings. Since issue has to be considered by the District

Patna High Court CWJC No.447 of 2019(3) dt.08-08-2019 2/2 Magistrate having regard to the petitioner's entitlement, adjudication for the same is not required. In respect of remaining claims, petitioner should make detailed representation to respondent no.2 (District Magistrate, Sheikhpura) within four weeks.

In the event, representation is filed respondent no.2 should consider the same and pass a reasoned order as per admissibility on account of up-gradation, if there is no other impediment in granting the same within the period of three months from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U