Lalan Ji Tiwari Retired Revenue ... vs The State Of Bihar
2022 Latest Caselaw 325 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10412 of 2020
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Lalan Ji Tiwari Retired Revenue Clerk (Kramchari) S/o Late Ramanand Tiwari Resident of Mohalla-Jaiprakash Nagar, P.S,.-Jakanpur, Distt-Patna, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Chief Secretary, Government of Bihar, Patna.

3. The Principal Secretary, Revenue and Land Reform Department, Government of Bihar.

4. The District Magistrate/Collector, Patna.

5. The Circle Officer, Patna Sadar, Patna.

6. The Accountant General, Bihar, Patna.

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

     For the Petitioner/s   :       Mr.Chandra Bhushan Upadhyay
     For the Respondent/s   :       Mr.Lalit Kishore ( Ag )
                            :       Mr. Sajid Salim Khan, SC 25

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-01-2022

The matter has been heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

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

following relief/reliefs:

"(i) For direction to the respondents to grant benefit of third MACP (Modified Assured Career Progress) with effect from 01-01-2009 to the petitioner after completing 30 years of service.

(ii) For that respondents be directed to pay arrear of salary and revised pension after granting third MACP with 12% of compoundable interest over the amount due since date of entitlement till date of payment.

(iii) For that any other relief or reliefs as your lordship may deem fit and proper in the facts and circumstances of the case."

Patna High Court CWJC No.10412 of 2020 dt.11-01-2022

3. In support of the aforesaid relief petitioner has not

demanded before the competent authority while establishing his

legal/vested rights to 3rd M.A.C.P. with effect from 01.01.2009

with reference to service particulars of the petitioner. In the

absence of legal/vested rights read with the demand before the

competent authority, question of issuance of writ of mandamus to

the concerned respondent is not warranted in the light of Apex

Court decision in the case of Mani Subrat Jain Vs. State of

Haryana reported in (1977) 1 SCC 486 .

4. Accordingly, the present petition stands dismissed,

reserving liberty to the petitioner to prefer detailed

application/representation before the competent authority. If such

application/representation is submitted within a period of eight

weeks from the date of receipt of this order, the concerned

respondent is hereby directed to examine the grievance of the

petitioner and redress the same at the earliest.

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

AFR/NAFR
CAV DATE
Uploading Date          14.01.2022
Transmission Date