Yogendra Singh vs The State Of Bihar
2021 Latest Caselaw 1975 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6296 of 2021
     ======================================================

Yogendra Singh son of Late Brij Nandan Singh Resident of village- Sarnarayan PO-Saraiya, PS-Dariapur and the District-Saran

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Old Secretariat, Patna-01.

2. The District Magistrate, Saran at Chhapra.

3. The District Panchayat Raj Officer Saran at Chhapra

4. The Block Development Officer, at Manghi Block and the District-Saran

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

     For the Petitioner/s   :      Mr. S.S.Yadav, Advocate
     For the State                 Mr Kumar Alok, SC 7

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 30-04-2021

Heard learned counsel for the petitioner and learned

counsel for the respondents through video conference. Learned

counsel for the petitioner has filed an undertaking that all

defects pointed out by the stamp reporter shall be removed, and

compliance with the conditions of the notices of this Court with

regard to acceptance of e-filing shall be made, without delay

immediately upon resumption of normal physical functioning of

the Court, and in any event within one month thereof.

2. The present writ petition has been filed "for

direction/directions from this Hon'ble Court to the respondent

No.2 to 04 in particular to grant him his first M.A.C.P. w.e.f.

01.01.2009 as well as his second M.A.C.P. w.e.f. 11.03.2017

which are virtually not granted to him to which he is fully

entitled and a right claimant. Due to non-grant of the same to

him, he is aggrieved, and has preferred this application to this Patna High Court CWJC No.6296 of 2021 dt.30-04-2021

Hon'ble Court."

3. Learned counsel for the petitioner states that the

petitioner superannuated on 31.08.2018 from post of Panchayat

Secretary in Manjhi Block of the District of Saran, but despite

having completed more than 20 years of service, he has not been

paid his 1st and 2nd M.A.C.P. with effect from 01.01.2009 and

11.03.2017 respectively. It is stated that a representations dated

21.03.2020, 02.07.2020 and 22.12.2020 (Annexure-1/A, 1/B

and 1/C) in this regard have been filed before the District

Magistrate, Saran, Chhapra which however remain pending.

Learned counsel for the petitioner submits that it will suffice if

appropriate direction is issued for disposal of his representations

without going into the detailed merits of the matter.

4. Learned counsel for the State appears and has been

heard.

5. Having regard to the stand of the petitioner and the

nature of the relief now sought, the writ petition is disposed of

with a direction to the District Magistrate, Saran, Chhapra

(respondent no.2) to consider and dispose of the petitioner's

representations dated 21.03.2020, 02.07.2020 and 22.12.2020

(Annexure-1/A, Annexure-1/B and Annexure-1/C respectively),

if still pending, on their own merit and in accordance with law Patna High Court CWJC No.6296 of 2021 dt.30-04-2021

after grant of opportunity of hearing to the petitioner, preferably

within a period of three months from the date of

receipt/production of a copy of this judgment. To facilitate

disposal, the petitioner shall furnish his mobile number and

email ID to the District Magistrate, Saran, Chhapra (respondent

no. 2) within a week from today.

6. It is made clear that in view of the ongoing Covid-19

pandemic, any correspondence between the parties may be

made through email and the petitioner shall be at liberty to

request for hearing through video conference.

7. Office shall follow-up to ensure that all defects are

removed and compliance with the notices of this Court are made

by the petitioner within the stipulated time provided in para 1

hereinabove, failing which the matter shall be brought to the

notice of this Court.

(Vikash Jain, J)

HR/-

AFR/NAFR                        NAFR
CAV DATE                        --
Uploading Date                  03.05.2021
Transmission Date               --