Patna High Court
Amanatullah Khan vs The State Of Bihar Through ... on 29 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3322 of 2021
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Amanatullah Khan, Son of Late Mustaquim Khan, Resident of Village-
Meghwal Mathia, Polie Station-Ramnagar, District-West Champarna, Betia.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Food and
Consumer Protection, Government of Bihar, Patna.
2. The Principal Secretary, Department of Food and Consumer Protection,
Government of Bihar, Patna.
3. The District Magistrate, Patna.
4. The Special Rationing Officer, Patna, District Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ravindra Kumar Singh
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 29-01-2022
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. In the present petition, petitioner has prayed for
following reliefs:
"1. That the Petitioner in the instant
writ application prays for a direction to the
Respondent authority to grant the benefits of
2nd and 3rd MACP w.e.f. 01.01.2009 and
23.07.2016 respectively in the grade pay of
5400 and 6600 respectively to the Petitioner
along with consequential benefits as the
Respondents authority had already granted the
similar benefits to the similarly situated
Patna High Court CWJC No.3322 of 2021 dt.29-01-2022
Marketing Officers of the department and the
Respondent authority had made
discrimination with the Petitioner which is
violative of Bihar State Litigation Policy as
well as the judgment passed in the case of
2008 (4) PLJR 125 and 2011 (3) PLJR 588 &
((2006) 2 SCC747) by the Hon'ble Courts and
the Petitioner also prays for a direction to the
Respondent authority to pay the arrear of
salary for the period of 46 days (from
13.02.2017 to 31.03.2017) and the Petitioner
further prays for a direction to the Respondent
authority to sanction the leave for the period
from 22.10.2016 to 12.02.2017 as a medical
leave since during this period the Petitioner
was undergone to heart treatment/surgery as
well as treatment of fracture of leg and the
Petitioner further prays for a direction to the
Respondent authority to grant him exemption
from passing the Computer examination as
the Petitioner had already made application to
the competent authority for grant of
exemption from passing the Computer
examination and pay the increments and the
Petitioner further prays for a direction to the
Respondent authority to revise the pension
and other post retiral dues accordingly."
4. In support of the aforesaid relief, petitioner
submitted representation, vide Annexures- 4, 5 series and 6
series.
5. The concerned authority is hereby directed to
examine as to whether petitioner is entitled to 2 nd and 3rd MACP
in the grade pay of Rs. 5400/- to 6600/- w.e.f. 01.01.2009 and
23.07.2016 respectively or not? The concerned respondent is
also hereby directed to take note of Judicial Pronouncements, if
Patna High Court CWJC No.3322 of 2021 dt.29-01-2022
any, on this issue read with service particulars of the petitioner
and relevant scheme/ regulation governing the 2nd and 3rd
MACP. If the petitioner is eligible, necessary monetary benefits
shall be extended to him. If he is, otherwise, not eligible a
necessary detailed speaking order shall be passed as to why
petitioner is not entitled to 2nd and 3rd MACP w.e.f. 01.01.2009
and 23.07.2016. The above exercise shall be completed within a
period of three months from the date of receipt of this order.
6. With the above observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
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