Awadhesh Mahto vs The State Of Bihar
2021 Latest Caselaw 6241 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6485 of 2020
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Awadhesh Mahto, Son of Sukhalal Mahto, Resident of Village- Susta Madhopur, P.S.- Susta, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Public Health Engineering Department, Government of Bihar, Patna.

2. The Engineer -in- Chief-cum- Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3. The Chief Engineer (Mechanical), Public Health Engineering Department, Bihar, Patna.

4. The Superintending Engineer, Public Health Engineering Department, Mechanical Circle, Muzaffarpur.

5. The Executive Engineer, Public Health Engineering Department, Mechanical Division, Muzaffarpur.

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. S. Raza Ahmad ( AAG-5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-12-2021 Heard learned counsel for the parties.

2. In the instant writ petition, the petitioner has prayed

for the following reliefs:

"That, the present application is for issuance of a writ in the nature of writ of Mandamus directing and commanding upon the respondents to grant the benefit of 3rd Modified Assured Career Progression w.e.f. 13.01.2018 in the light of the resolution vide memo no. 3972 dated 12.05.2016 and 7577 dated 23.09.2016 issued by the Department of Finance, Govt. of Bihar, Patna and resolution issued by Secretary, Public Health Engineering Department, Govt. of Bihar Patna vide memo no. 707 dated 22.05.2018 by which the department concerned has reconciled the issue of pay Patna High Court CWJC No.6485 of 2020 dt.17-12-2021

protection to grant ACP/MACP and also make payment of arrears of City Transport Allowance since 01.01.2010 in the light of resolution vide memo no. 8043 dated 11.10.2017 to the petitioner and interest thereof. And/or pass such other order or orders, direction or directions as your lordships may deem fit and proper."

3. In support of prayer, the petitioner had submitted

representation on 09.12.2019 and it is pending consideration

before the concerned respondents. Therefore, the respondent no.5

is hereby directed to examine the grievance of the petitioner

whether he is entitled to 3rd MACP w.e.f. 13.01.2018 and so also

pay protection and also payment of arrears of City Transport

Allowances.

4. These issues shall be considered and detailed

speaking and reasoned order shall be passed as to whether the

petitioner is entitled to the same or not. If he is entitled to, the

same shall be extended within a period of three months from the

date of receipt of copy of this order.

5. The writ petition stands disposed of.

(P. B. Bajanthri, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.12.2021
Transmission Date       NA