Disposed

Madan Prasad v. The State of Bihar

Patna HC12 Aug 2024CWJC/12016/2024

Case brief

AI extract

What is this about?

Writ petitioner sought financial progression and MACP due to promotion stagnation. Petitioner relied on Apex Court and Full Bench precedents confirmed by a coordinate bench. Court directed authority to consider representation and disposed of the petition.

What did the court decide?

Petitioner directed to file detailed representation for expeditious consideration; writ petition disposed of.

Madan Prasad Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12016 of 2024

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Madan Prasad son of Late Shivjee Prasad, resident of Village-Nandan Bigha, P.O. Murgaun, P.S.-Hulas Ganj, District-Jahanabad, at present resident Gali No. 06, P.O. Anisabad, P.S. Gardanibagh, District-Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Building Construction Department, Visheshwaraiya Bhawan, Beli Road, Patna.

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The Chief Engineer, South Department of Building Construction, Visheshwaraiya Bhawan, Beli Road, Patna.

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The Superintending Engineer, Construction Circle, Patna, Building Construction Department, Niyojan Bhawan, Beli Road, Patna.

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The Executive Engineer, Construction Division No. -1, Building Construction Department, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Lalan Kumar Singh, Advocate Mr.Amit Anand, Advocate For the Respondent/s : Mr. K.P. Gupta, GP 10 Mrs. Deepanjali Gupta, AC to GP 10

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 12-08-2024

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Heard Mr. Lalan Kumar Singh along with Mr.Amit Anand, learned counsel appearing on behalf of the petitioner and Mr. K.P. Gupta, learned Mrs. Deepanjali Gupta, learned AC for the State.

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Learned counsel appearing on behalf of petitioner submits that petitioner seeks to file a detailed representation before the authority concerned and the same may be considered in light of the law laid down by the Apex Court in the case of Amresh Kumar Sinha & Ors. v. The State of Bihar

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Patna High Court CWJC No.12016 of 2024(2) dt.12-08-2024 2/2

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& Ors. (SLP (C) Nos. 8219-8226 of 2016) as well as clarification made by the Full Bench of this Court in case of Kamlanand Thakur vs. State of Bihar & Ors. (C.W.J.C. No. 18727 of 2017) and other analogous cases for grant of financial progression as a result of stagnation from the effective date, after the petitioner became entitled for time bound promotion under the time bound scheme, as well as ACP and MACP in light of Rule 4(1)(C) of the Bihar State Litigation Policy, 2011. Learned counsel further submitted that the aforesaid issue has already been settled by a co-ordinate Bench of this Court vide order dated 19.03.2024, passed in CWJC No.13677 of 2023.

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Considering the direction issued in CWJC No.13677 of 2023, the authority concerned must consider the representation of the petitioner expeditiously in light of the law laid down by the Apex Court in the case of Amresh Kumar Sinha (Supra) and the Full Bench of this Court in the case of

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Kamlanand Thakur (Supra) .

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The writ petition is, accordingly, disposed of.

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(Purnendu Singh, J)

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Sanjay/-

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Madan Prasad v. The State of Bihar

Case brief

What is this about?

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Madan Prasad v. The State of Bihar

Case brief

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