Virendra Kumar vs The State Of Bihar Through The ...
2022 Latest Caselaw 890 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5080 of 2021
     ======================================================

Virendra Kumar, Son of Late Mangal Das, Resident of Flat No. 403, Harshita Kunj Apartment, Magistrate Colony Road, P.S.-Rajiv Nagar, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Special Secretary, Road Construction Department, Government of Bihar, Patna.

4. The Additional Secretary, Road Construction Department, Bihar, Patna.

5. The Principal Secretary-cum-Chairman, Employee Grievance Redressal Committee, Road Construction Department, Bihar, Patna.

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

     For the Petitioner/s   :      Mr. Raj Kumar
     For the Respondent/s   :      Mr. R.B. PD. Yadav, AAG 11

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 02-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the respondents.

3. Counsel for the petitioner is hereby directed to furnish

copy of the writ petition to the counsel for the State/respondents.

4. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"i) For issuance of writ in the nature of writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to grant the benefit of second A.C.P. with effect from 1.7.2009 and also to grant the grade pay of Rs.8700/- in the PB-4-37,400-67,000/-

Patna High Court CWJC No.5080 of 2021 dt.02-02-2022

ii) For issuance of writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to grant 3rd A.C.P. with effect from 1.7.2015 in the grade pay scale of Rs. 8900 in PB-437,400-67,000/-.

iii) And/or any other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances of this case."

5. Short question for consideration is whether petitioner

is entitled to 2nd and 3rd A.C.P. with effect from 01.07.2009 and

01.07.2015 or not? In this regard petitioner submitted

representations dated 08.12.2017 and 27.02.2020 vide Annexures 1

and 2 respectively. The concerned respondent is hereby directed to

decide the petitioner's representations as to whether petitioner is

entitled to relief sought in the present petition or not within a

period of three months from the date of receipt of this order. If the

petitioner is entitled, the same shall be extended including

monetary benefits. If the petitioner is otherwise not entitled, in that

event, necessary speaking order shall be passed as to how

petitioner is not entitled and communicate such decision to the

petitioner.

6. Accordingly, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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