Shyam Singh Thakur vs The State Of Bihar
2022 Latest Caselaw 1204 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.9406 of 2021
     ======================================================

Shyam Singh Thakur S/o- Late Raghav Singh Thakur Resident of Village- Belahi, Pararia, ward No.-8, P.S.- Bihariganj, District- Madhepura.

... ... Petitioner/s Versus

1. The State of Bihar Through its Principal Secretary, Public Health Engineering Department, Visheshwariaya Bhawan, Bailey Road, Patna.

2. The Engineer-in- Chief cum Special Secretary Public Health Engineering Department, Visheshwariaya Bhawan, Bailey Road, Patna.

3. The Chief Engineer, (Mechanical) P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna.

4. The Superintending Engineer P.H. Mechanical Circle, Bhagalpur, District-

Bhagalpur.

5. The Executive Engineer Public Health Mechanical Division, Purnia.

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

For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-02-2022

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

respondents.

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:

"The petitioner seek Patna High Court CWJC No.9406 of 2021 dt.17-02-2022

indulgence of this Hon'ble Court to

consider and compute the entire

length of period commencing from

work charge establishment to the date

of absorption in permanent

establishment i.e., 1988 to 29.11.2006

for the purpose of assured career

progression scheme and pensionable

service in the light of the statutory

provision laid down by the State

Government and also in pursuant to

the order passed in the case of Prem

Kumar Jha and others in a similar

situation and the petitioner further

prayed to grant all consequential

benefits of service including fixation

of salary and arrear of payment of the

benefit of assured career progression

scheme."

In support of the aforesaid relief, petitioner is

relying on Annexure-4 and representation dated 06.01.2021. The

concerned authority is hereby directed to examine the Patna High Court CWJC No.9406 of 2021 dt.17-02-2022

petitioner's grievance. If the petitioner is otherwise eligible for

ACP and consequential benefit including retiral benefits, arrears

of pay and pension, the same shall be extended to the petitioner.

If the petitioner is not eligible, in that event, necessary speaking

order shall be passed highlighting on what ground the petitioner

is not entitled. The above exercise shall be completed within a

period of three 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