Patna High Court
Ramesh Prasad Singh vs The State Of Bihar on 18 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9485 of 2021
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Ramesh Prasad Singh, Son of Late Nanhu Singh, Resident of Ministerial
Quarter No. 31/A Bandhan Tola Station Road, Nawada Police Station-Ara,
District-Bhojpur, Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Water Resource Department,
Government of Bihar, Patna.
2. The Principal Secretary, Water Resource Department, Government of Bihar,
Patna.
3. The Chief Engineer, Irrigation Creation, Water Resource Department, Dehri.
4. The Executive Engineer, Sone Canal Division, Buxar.
5. The Executive Engineer, Sone Canal Division, Ara.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ravindra Kumar Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 18-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accept notice for respondents.
3. Learned counsel for the petitioner is hereby directed to
furnish copy of the petition to the State counsel, if it is not already
served.
4. In the instant petition, petitioner has prayed for
following reliefs:-
"1. That in the instant writ
application the Petitioner prays the following
relief:
Patna High Court CWJC No.9485 of 2021 dt.18-02-2022
I. Issuance of writ in the
nature of mandamus for a direction to the
Respondent authority to grant the benefits
of 1st ACP w.e.f. 09.08.1999 and the
benefits 2nd MACP w.e.f. 01.12.2004 and
the benefits of 3rd MACP w.e.f.
01.12.2010 to the Petitioner along with
Consequential benefits like revision of
pension and other retiral benefits in the
light of resolution contained in Memo No.
5376 dated 27.05.2013 issued by the
Finance department, Government of
Bihar, Patna by which the Finance
department Government of Bihar, Patna
made provision that the period of service
rendered by the regular employee as daily
wages will be countable for grant of
benefits of ACP/MACP as well as the law
settled by this Hon'ble Court in the case
of Sanjiv Kumar Vs The Rajendra
Agriculture University and others (CWJC
No.233/2016) as the Petitioner became
eligible for abovementioned benefits of
ACP/MACP from the date of appointment
since he was appointed on 01.12.1980 in
the Water Resource Department,
Government of Bihar on daily waged
basis and the services of the Petitioner has
been regularized on 29.06.2002.
II. Issuance of further
direction to the Respondent authority to
amend the order contained in Memo No.
3535 dated 18.11.2013 issued by the
Chief Engineer, Irrigation Creation, Water
Resource Department, Government of
Bihar Patna to the extent the benefits of 1 st
ACP has been granted w.e.f. 29.06.2012
instead of 09.08.1999 without following
the provision of resolution contained in
Memo No. 5376 dated 27.05.2013 issued
by the Finance department Government of
Patna High Court CWJC No.9485 of 2021 dt.18-02-2022
Bihar, Patna and without counting the
period of service rendered as daily wages
employee and the Petitioner further prays
for a direction to grant the similar benefits
to the Petitioner as granted to the
similarly situated persons in the light of
Bihar State Litigation Policy as well as in
the light of judgment passed in the case of
2008 (4)PLJR 125 and 2011 (3) PLJR 588
& ((2006) 2 SCC 747)by the Hon'ble
Courts."
5. Aforesaid relief is not supported by demand before
the competent authority. In the absence of demand before the
competent authority, question of issuance of writ of mandamus is not
warranted in the light of Apex Court's decision rendered in the case
of Mani Subrat Jain V. State of Haryana & Ors. reported in A.I.R.
1977 SC 276.
6. Accordingly, the present petition stands dismissed
reserving liberty to the petitioner to submit a detailed representation
highlighting service particulars read with Scheme/Rules of ACP. If
such representation is submitted within a period of eight weeks from
the date of receipt of this order, the concerned respondent is hereby
directed to decide the petitioner's grievance at the earliest.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 23.02.2022
Transmission Date
