Shrawan Kumar Singh vs The State Of Bihar
2022 Latest Caselaw 1184 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9236 of 2021
     ======================================================

Shrawan Kumar Singh Son of Late Khelawan Singh, Resident of Village - Ohari, Police Station- Roh, District - Nawadah, retired Karamchari, Block - Meskaur, District - Nawadah.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

2. The Divisional Commissioner, Magadh Division, Gaya.

3. The District Magistrate, Nawadah.

4. The Deputy Collector, Establishment, Nawadah.

5. The Circle Officer, Meskaur, District - Nawadah.

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

For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Lalit Kishore (AG) Mr. Saurabh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-02-2022

The matter has been heard via video conferencing

due to circumstances prevailing on account of the COVID-19

pandemic.

Learned counsel for the State accepts notice for the

respondent nos. 1 to 5.

Learned counsel for the petitioner is hereby

directed to serve copy of the petition, if it is not already served.

In the instant petition, petitioner has prayed for the

following relief/reliefs:

"For issuance of appropriate

order/direction/writ in the nature of

mandamus commanding and directing

upon the respondents concerned Patna High Court CWJC No.9236 of 2021 dt.16-02-2022

specially respondent-District

Magistrate, Nawadah (Respondent

No.3) to consider the claim of

petitioner for grant of 2nd and 3rd

M.A.C.P. (Modified Assured Career

Progression) after completion of 20

and 30 years of service as petitioner

after serving about 32 years of service

on 31.01.2019 on lower pay scale

causing much financial loss in his post

retiral benefits and pension for which

petitioner represented his claim on

several occasion before respondent

authorities including respondent no.3

which is still pending as also pay the

consequential monetary benefits

accrued after grant of due 2nd and 3rd

M.A.C.P. Any other order/orders for

granting any other order/orders for

granting any other relief/reliefs for

which the petitioner is found entitled

to in the facts and circumstances of Patna High Court CWJC No.9236 of 2021 dt.16-02-2022

the case."

The aforesaid relief is supported by representation

dated 05.02.2021. The concerned respondent is hereby directed

to examine the petitioners claim relating to entitlement of 2 nd

and 3rd MACP. If he is otherwise eligible, necessary order shall

be passed including monetary benefits. The petitioner is entitled

to interest on belated settlement of arrears of amount three years

prior to filing of the present petition at the rate of 6% per annum

till payment is made. If the petitioner is otherwise not eligible

for 2nd and 3rd MACP, in that event, necessary speaking order

shall be passed as to why the petitioner is not entitled in terms

of the service particulars of the petitioner read with relevant

rules of MACP. The above exercise shall be completed within a

period of four months from the date of receipt of this order.

With the above observation, writ petition stands

disposed of.

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

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                23.02.2022
Transmission Date                 NA