Disposed

Dinesh Kumar Das v. The State of Bihar

Patna HC29 Aug 2024CWJC/12683/2024

Case brief

AI extract

What is this about?

Writ petition seeking MACP benefits, grade pay and enhanced pension and gratuity. Petitioner sought to make a detailed representation before the Collector, Muzaffarpur. Court directed the Collector to verify service particulars, check for disciplinary action, and decide the grievance expeditiously per Amresh Kumar Sinha and Kamlanand Thakur, and disposed of the petition.

What did the court decide?

Petition disposed of with direction to Collector, Muzaffarpur to verify service particulars and decide petitioner's MACP grievance per Amresh Kumar Sinha and Kamlanand Thakur.

Dinesh Kumar Das 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.12683 of 2024

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Dinesh Kumar Das S/O Late Jagranath Das, R/o Mohalla- Das Colony, P.S.Mithanpura, District- Muzaffarpur.

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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 Land Revenue, Bihar, Patna.

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The Divisional Commissioner, Tirhut Division, Muzaffarpur.

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The Joint Secretory Department of Revenue and Land Reform, Bihar, Patna.

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The Collector, Muzaffarpur.

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The Additional Collector, Muzaffarpur.

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The Block Development Officer, Motipur, Muzaffarpur.

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The Circle Officer, Motipur, Muzaffarpur.

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Manoj Kumar Manoj, Advocate For the Respondent/s : Mr.Sarvesh Kumar Singh, AAG-13 Mr. Arya Achint, AC to AAG-13

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 29-08-2024

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Heard Mr. Manoj Kumar Manoj, learned counsel appearing on behalf of the petitioner and Mr. Sarvesh Kumar Singh along with Mr. Arya Achint, learned counsel appearing on behalf of the State.

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The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:-

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“That this application is for issuance of appropriate writ/writs by commanding the Respondents to make payment of MACP with all consequential benefit in light of Letter

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Patna High Court CWJC No.12683 of 2024(2) dt.29-08-2024 2/3

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no.251(4)/Ra. dt. 02.09.2020 (Annexure P2) issued by Respondent no.3 and further to provide Grade pay of Rs.4600 for the Second ACP and Grade Pay of Rs.5400 for the Third ACP alternatively as per entitlement of MACP to petitioner by further making enhancement of Monthly Pension and Gratuity with interest including Arrear of Salary and Pension to be paid to petitioner, in the interest of justice.”

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Learned counsel appearing on behalf of the petitioner seeks to file a detailed representation before respondent no.4 (the Collector, Muzaffarpur) for redressal of his grievance, as prayed for in the present writ petition, in view of the law laid down by the Apex Court in case of Amresh Kumar

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Sinha & Ors. v. The State of Bihar & Ors. [SLP (C) Nos. 8219-8226 of 2016] and later on clarified by the Full Bench of this Court in the case of Kamlanand Thakur vs. State of Bihar

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& Ors. (C.W.J.C. No. 18727 of 2017) .

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Considering the aforesaid submission made on behalf of the petitioner, the respondent no.4 is required to call for service particulars of the petitioner and verify, as to whether, any disciplinary action was taken against the petitioner and decide the grievance 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 Kamlanand Thakur (Supra).

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Patna High Court CWJC No.12683 of 2024(2) dt.29-08-2024 3/3

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Accordingly, the present writ petition application

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stands disposed of.

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(Purnendu Singh, J)

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chn/durgesh

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Dinesh Kumar Das v. The State of Bihar

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Dinesh Kumar Das v. The State of Bihar

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