Vidya Nand Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.416 of 2019 ====================================================== Vidya Nand Jha Son of Late Mushar Jha Resident of VillageShahpur,P.S.Khanpur,Distt.-Samastipur ... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary public Health Engineering Department,Vishwasaraiya Bhawan Patna 2.

The Engineer-in-Chief-cum-Special Secretary,public Health Engineering Department,Vishwasaraiya Bhawan Patna 3.

The Chief Engineer Civil,public Health and Engineering Department,Vishwasaraiya Bhawan,Patna 4.

The Chief EngineerMechanical,public Health and Engineering Department,Vishwasaraiya Bhawan,Patna 5.

The Superintending Engineer,public Health Engineering Circle,Darbhanga 6.

The Executive Engineer,public Health Engineering Division,Darbhanga 7.

The Sub-Divisional Officer,Public Health Engineering SubDivision,Laheriyasarai,Darbhanga ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Jha Mr. Sushil Kumar Jha For the Respondent/s :

Mr.Arvind Ujjwal- Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2019 Petitioner's claim in the instant proceeding is for payment of arrears difference for the period June 2002 to 19.6.2014 i.e. the period when petitioner was reverted. After the said period of reversion the petitioner's services stand regularised in terms of the Finance Department resolution dated 17.10.2013 in view of judgment of the Division Bench of this Court in LPA No. 2021 of 2011.

Annexure 3 is the decision of the Public Health &

Patna High Court CWJC No.416 of 2019(2) dt.11-07-2019 2/2 Engineering Department dated 16.11.2013 which as per the petitioner's submission gives rise to a claim for the aforesaid period during which the petitioner was reverted as daily wager. It is also submitted that by counting the said period of reversion as length of service for all purposes the petitioner is also entitled to grant of benefits under the assured career progression scheme and other consequential benefits. He has submitted his claim by representation dated 18.12.2018 before the Engineer in Chief (respondent No. 2).

Let the claim of the petitioner raised in his representation dated 18.12.2018 be considered by respondent No. 2 and final speaking order be passed thereafter in accordance with law. Dues, if found admissible, should also be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U