Disposed

Bachchu Prasad Singh v. The State of Bihar

Patna HC7 Dec 2023CWJC/10441/2023

Case brief

AI extract

What is this about?

The Petitioner, a retired Jan Sevak of 30 years service, sought promotion under MACP rules. The Court directed respondent authorities to consider his pending representations and pass orders based on merits within four weeks before disposing of the writ petition.

What did the court decide?

Directed respondent authorities to consider petitioner's representation and pass appropriate orders within four weeks.

Bachchu Prasad Singh Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10441 of 2023

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Bachchu Prasad Singh Son of Late Ram Sharan Singh Resident of MohallaAmber, P.O. and P.S.- Bihar Sharif, District- Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Principal Secretary, Department of Agriculture, Bihar, Patna.

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The Director, Agriculture, Government of Bihar, Patna.

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The Joint Director, Agriculture (Shashya) Magadh Range, Gaya.

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The District Agriculture Officer, Aurangabad.

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The Accountant General, Bihar, Patna.

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The District Provident Fund Officer, Aurangabad.

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The District Magistrate, Aurangabad.

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The Provident Fund Commissioner, Patna, Bihar.

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The Sub Divisional Agriculture Officer (Extension), Nawada.

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The District Magistrate, Nawada.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Bhola Prasad No.1, Adv. For the Respondent/s : Mr. Prabhat Kumar (Ac to Ga 11 ) Accountant General : Mr. Bindhyachal Rai, Adv. ======================================================

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL ORDER

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2 07-12-2023

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The writ petition is filed to direct the respondent authorities to grant promotion as per the Rules and Regulations of Government of Bihar, Department of Agriculture, as similarly situated persons were granted with those benefits.

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The brief fact of the case is that the petitioner

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was appointed on 28.10.1978 on the the post of Jan Sevak and got retired on 31.12.2010 from the Government of Bihar, Department of Agriculture. The petitioner was granted his first

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Patna High Court CWJC No.10441 of 2023(2) dt.07-12-2023 2/3

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time bond permission w.e.f. 28.10.1990. The Government of Bihar has granted three promotions in the form of MACP (Modified Assured Career Progression) to all the candidates who served in Government of Bihar for continuous period of thirty years and the petitioner also deserves for such promotion.

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It is contended by the learned counsel for the petitioner that the petitioner has filed several representations and have also approached the concerned authorities for redressal of his grievance. On perusal of the records, it manifest that despite of filing representations the respondent authorities never considered his grievance for which he was constrained to file the present writ petition.

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On the other hand, learned counsel for the respondents contends that even as per the contents of the writ petition the representations are pending before the authority and therefore, the Court may direct the concerned authorities to dispose of the representations of the petitioner.

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On hearing the rival contentions, it is an admitted fact that the petitioner served under Government of Bihar for a period of thirty years for which he is entitled for the promotions as per the Rules of the Government. Further, it is evident that the petitioner has been making representations

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Patna High Court CWJC No.10441 of 2023(2) dt.07-12-2023 3/3

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before the concerned authorities and Annexure-2 is the representation of the petitioner dated 18.12.2019 which was pending before the authorities, since 4 years.

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Therefore, this Court is of the considered view that the respondents shall consider the representations of the petitioner and shall pass appropriate orders basing on the merit of the case, within four weeks from the date of receipt of this order.

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With the aforesaid observation, the writ petition is disposed of.

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(G. Anupama Chakravarthy, J)

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amitkr/-

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Bachchu Prasad Singh v. The State of Bihar

Case brief

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Bachchu Prasad Singh v. The State of Bihar

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