Kunjal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.326 of 2025 ====================================================== Kunjal Prasad S/o Late Laksho Singh Resident of Village- Jakki, P.S.- Ashthawan, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

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

The District Co-operative Officer, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binit Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-06-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "I. That this is an application on behalf of the above named petitioner to issue an appropriate writ(s), order(s) or direction(s) particularly in nature of certiorari to set aside order dated 28.11.2024 containing in Memo No. 9420 issued under signature of the Respondent no.2, the Registrar Co-operative Societies, Bihar, Patna whereby and under claim of the petitioner to grant him benefits of

2/4 his due Time Bound Promotion 1st as well as 2nd with all the consequential benefits has been rejected, though in quite unjustifiable and arbitrary manner.

II. The petitioner further prays that after setting aside order/letter impugned the Respondent concerned be directed to grant him, his due benefits of both the time bound promotion with all the consequential benefits including revision of his pay scale as well his pension thus payment of arrear ensued thereon and/or grant any other equitable relief/reliefs befitting in the facts and circumstances of the instant case."

3. Learned counsel for the petitioner submits that the petitioner is entitled for the relief and the impugned order dated 28.11.2024 contained in Memo No. 9420 passed by the Registrar, Co-operative Societies, Bihar, Patna be set aside.

4. Learned counsel for the State, on the other hand, submits that the petitioner has moved earlier before this Hon'ble Court in C.W.J.C. No. 6132 of 2024 which was disposed off vide order dated 25.04.2024 with liberty to the petitioner to approach the Registrar, Co-operative Societies, Bihar, Patna for redressal of his grievances (annexed as Annexure-4). He submits that the Registrar, Co-operative Societies, Bihar, Patna

3/4 has passed a reasoned and speaking order dated 28.11.2024 contained in Memo No. 9420 (Annexure-5). He further submits that in the said order, it has been categorically mentioned that the petitioner was appointed on 11.11.1978 and he was entitled for his 1st Time Bound Promotion after completion of 10 years of his service on 11.11.1988 and at that very time, he was not eligible for the promotion, as per the then rule. It has also been mentioned that the petitioner has passed the departmental examination on 10.12.2005 and thereafter, the benefit of 1st A.C.P, 2nd A.C.P and 3rd M.A.C.P has been granted to him. But, even then, in the present writ petition, the petitioner has not pleaded and completely silent on the issue that he was granted 1st A.C.P, 2nd A.C.P and 3rd M.A.C.P and filed the present writ petition for quashing of the order.

5. After hearing the parties and upon going through the counter affidavit, it transpires to this Court that in compliance of the order passed in C.W.J.C. No. 6132 of 2024, the Registrar, Co-operative Societies, Bihar, Patna has passed a reasoned order dated 28.11.2024 contained in Memo No. 9420, by which, it appears that the petitioner has been granted 1st A.C.P, 2nd A.C.P and 3rd M.A.C.P.

6. As such, this Court is of the view that no relief

4/4 could be granted to the petitioner. Hence, this writ petition stands dismissed.

(Dr. Anshuman, J) Divyansh/- U