Bhim Ram Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Bhim Ram Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a detailed representation before the concerned State respondent with supporting documents and notifications within six weeks; the State respondent to dispose of the representation after hearing the parties by a speaking and reasoned order, in accordance with law, as expeditiously as possible.

Issue for consideration

Whether the respondents are to be directed to grant increment to the petitioner from the year 2014 up to the date of his retirement along with consequential benefits. +2 more

Court's answer

Petitioner is directed to file a representation before the concerned State respondent with all supporting documents and notifications within six weeks.

Ratio / Principle

If the representation is filed within the stipulated time, the concerned State respondent shall dispose of it, after hearing the parties, by a speaking and reasoned order, in accordance with law, as expeditiously as possible.

Key takeaways

The writ application stands disposed of with the aforesaid observations; the court did not adjudicate the claims on merits.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), CWJC No. 7476 of 2024, Bhim Ram v. State of Bihar & others, decided 25-11-2024. Petitioner, a government employee, sought a direction for grant of increment from 2014 to his retirement with consequential benefits, revision of pension and other post-retiral benefits, and exemption from the departmental examination on crossing 50 years of age. The court recorded that the grievance on exemption stood redressed vide Memo No. 1104 dated 27.05.2024 (Annexure-R/1 to the counter affidavit of Respondent Nos. 1 & 2) and, for the remaining grievances, disposed of the writ application directing the petitioner to file a detailed representation with supporting documents and notifications within six weeks, which the concerned State respondent must decide after hearing the parties by a speaking and reasoned order in accordance with law, as expeditiously as possible. Claims not adjudicated on merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7476 of 2024

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Bhim Ram son of Late Mathura Ram, resident of Village-Ward No. 13, Minibigha, Police Station-Aurangabad, District-Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary Education Department, Government of Bihar, Patna.

The Principal Secretary Education Department, Government of Bihar, Patna.

The Director (Secondary) Education Department, Government of Bihar.

The District Education Officer, Aurangabad.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Ashok Kumar Karna, Advocate For the Respondent/s : Mr. Deepak Kumar, AC to GP 4 ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 25-11-2024 Heard the parties.

This writ application has been filed for directing the

respondents to grant increment to the petitioner from the year 2014 to till the date of his retirement along with consequential benefits and to revise the pension including other post retiral benefits after grant of increments. Petitioner further prays for exemption from passing the departmental examination as he has already crossed the age of 50 years.

Learned counsel for the petitioner submits that grievance of the petitioner with respect to exemption from passing the departmental examination has already been redressed vide Memo No. 1104 dated 27.05.2024 (Annexure-

Patna High Court CWJC No.7476 of 2024(2) dt.25-11-2024 2/2

R/1 to the counter affidavit filed on behalf of Respondent Nos. 1 & 2). So far, other grievances are concerned, petitioner seeks disposal of this writ application granting him liberty to file detailed representation before the concerned authority.

In view of the aforesaid submission, petitioner is directed to file representation before the concerned State respondent with all the supporting documents and notifications within a period of six weeks from today.

If such, representation is filed by the petitioner within the stipulated time period, concerned State respondent shall dispose of the same, after hearing the parties, by a speaking and reasoned order, in accordance with law, as expeditiously as possible.

Writ application stands disposed of with the aforesaid observations.

(Prabhat Kumar Singh, J)

Navya/-

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