Patna High Court
Mritunjay Mitra vs The State Of Bihar Through The ... on 7 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8385 of 2021
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Mritunjay Mitra, son of Late Kamal Krishna Mitra, resident of - Khabra Road
Muzaffarpur, P.S. - Kaji Mohammadpur, District- Muzaffarpur, retired as
Store Keeper cum - Accounts Clerk, Sri Krishna Medical College,
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Director in Chief, Health Services, Govt. of Bihar, Patna.
4. The Principal, Sri Krishna Medical College, Muzaffarpur.
5. The Accountant General, Bihar, Birchand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate
For the Respondent/s : Mr. Ajay Bihari Sinha, GA-8
Ms. Kalpana, AC to GA-8
For Accountant General : Mr. Bindyachal Rai, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 07-03-2022
Heard learned counsel for the parties.
2. Learned counsel for the State accepts notice for the
respondents.
3. Learned counsel for the petitioner is directed to
serve a copy of the writ petition to the learned counsel for the
respondents, if it is already not served.
4. In the instant petition, the petitioner has prayed for
the following reliefs:
"(I) For issuance of an appropriate writ in
the nature of Mandamus, commanding and directing
Patna High Court CWJC No.8385 of 2021 dt.07-03-2022
the respondents authorities to grant the benefit of 1st
ACP and IInd ACP (Assured Career Promotion) in
view of letter of the Finance Department i.e. in the pay
scale of Rs.4500-7000/- and Rs.5000-8000/-
respectively and on account of revision in the pay scale
of Rs.9400-34,800/- Grade Pay 4600/- and upon grant
of 1st and IInd ACP as well as benefit of revision grant
all consequential benefit thereupon.
(II) For issuance of an appropriate writ in
the nature of Mandamus, commanding and directing
the respondents authorities to make payment the
interest on account of delay.
(III) For issuance of any other writ/writs,
direction/directions, order/orders for which the writ
petitioner shall be found entitled under the facts and
circumstances of the case."
5. Question for consideration is whether the petitioner
is entitled to benefit of 1st ACP and IInd ACP in the pay scale of
Rs.4500-7000/- and Rs.5000-8000/- and further is he entitled to
revision of pay scale at Rs.9400-34,800/- in the Grade Pay of Rs.
4600/- or not.
6. In this regard, the 4th respondent is considering the
petitioner's grievance, as is evident from Memo No. 1153 dated
27.07.2021 by which the petitioner was asked to furnish certain
material information. The petitioner is stated to have submitted
material information, as sought by the 4th respondent.
Patna High Court CWJC No.8385 of 2021 dt.07-03-2022
7. Accordingly, the 4th respondent is hereby directed to
pass speaking order as to whether the petitioner is entitled to
aforesaid relief or not. If he is not entitled, necessary speaking
order shall be passed and communicate to the petitioner as to why
the petitioner is not entitled to the aforesaid relief;
8. The above exercise shall be completed within a
period of three months from the date of receipt of a copy of this
order. If petitioner is otherwise eligible, necessary calculation be
made and arrears of amount be disbursed.
9. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 12.03.2022
Transmission Date N/A
