Alexander George Peter vs The State Of Bihar
2025 Latest Caselaw 2032 Patna

Patna High Court

Alexander George Peter vs The State Of Bihar on 27 February, 2025

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3476 of 2025
     ======================================================
     Alexander George Peter S/o Late C. T. Peter R/o Durga Mandir Gandhi
     Nagar, Milki, Post-Laxmisagar, P.S.-Darbhanga Sadar, Dist-Darbhanga.

                                                                ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Principal Secretary, Rural Works Department,
     Govt. of Bihar, Patna.
2.   The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.
3.   The Additional Chief Secretary, General administration Department, Govt.
     of Bihar, Patna.
4.   The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
5.   The Engineer-in-Chief Cum Special Secretary, Rural Works Department,
     Govt. of Bihar, Patna.
6.   The Chief Engineer, Rural Works Department, Govt. of Bihar, Patna.
7.   The Superintending Engineer, Rural Works Circle, Samastipur.
8.   The Superintending Engineer, Rural Works Circle, Darbhanga.
9.   The Executive Engineer, Rural Works Department, Works Division,
     Samastipur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Siyaram Pandey with
                                   Mr. Dewesh Kumar Pandey, Advocates
     For the State          :      Mr. Vijay Kumar Singh, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT

Date : 27-02-2025 Heard Mr. Siyaram Pandey, learned Advocate for the

petitioner and Mr. Vijay Kumar Singh, learned Advocate for the

State.

2. The petitioner has invoked the jurisdiction of this

Court seeking the following reliefs:

"I. To grant 3rd MACP in the revised pay band

-03-15,600-39,100+ grade pay 6600/- with effect from 03.07.2022 with all consequential benefits including payment of arrear likewise Patna High Court CWJC No.3476 of 2025 dt.27-02-2025

so many similarly situated employees of the department and in compliance of the order dated-28.06.2024 passed in CWJC No.18727/2017 (Kamlanand Thakur V/s The State of Bihar & ors) ( Full Bench Order) and in compliance of the Bihar State Litigation Policy, 2011.

II. To make the service of the petitioner continue for all effects and purposes and for all consequential benefits specially for grant of three promotions after completion of 10,20&30 years of service with due dates and accordingly revise the pensionary benefits including gratuity and leave encashment. III. And/or be pleased to pass such other order/orders which may be deemed fit and proper in the facts and circumstances of the case."

3. Learned Advocate for the petitioner referring to the

averments made in the writ petition has contended that the case

of the petitioner is squarely covered with the case of Pramod

Kumar &Ors vs. The State of Bihar & Ors (CWJC No. 18015

of 2011) as also the Full Bench decision of this Court in the case

of Kamlanand Thakur (supra). Since the issue has already been

set at rest and the case of the petitioner is covered by the

aforenoted decisions, the identical relief must be accorded to the

petitioner in terms of Clause 4C of the State Litigation Policy,

2011.

4. Learned Advocate for the petitioner referring to

Annexure P/6 has contended that the identically situated persons Patna High Court CWJC No.3476 of 2025 dt.27-02-2025

have also been granted the identical relief for which the

petitioner has approached this Court.

5. For redressal of the grievance, the petitioner also

approached the Engineer in Chief, Rural Works Department,

Bihar, Patna by filing a detailed representation, copy of which is

marked as AnnexureP/7, but till date no favourable order has

been passed.

6. Learned Advocate for the State, at this juncture,

submitted that since the petitioner is seeking parity to the

petitioner of the aforenoted cases, the same is required to be

considered by the respondent authorities.

7. Having heard the learned Advocates for the

respective parties and considering the nature of the grievance,

the present writ petition stands disposed of with a liberty to the

petitioner to file a fresh representation before the respondent

nos. 2 and 5, preferably within a period of two weeks from

today.

8. In case such a representation is filed, the same shall

be considered and disposed of by reasoned and speaking order

in the light of the decisions referred hereinabove, preferably

within a further period of 12 weeks.

9. Suffice it to observe that in case the case of the Patna High Court CWJC No.3476 of 2025 dt.27-02-2025

petitioner finds similar to the petitioners of the aforenoted case,

identical relief be accorded to the petitioner within the period

stipulated.

10. The writ petition stands disposed of with the

aforesaid observations and directions.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date           01 .03.2025
Transmission Date