Patna High CourtL.P.A/40/2017disposed

Shila Sinha And ANR v. The State Of Bihar And ORS

2017-11-06The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.40 of 2017 IN Civil Writ Jurisdiction Case No. 13053 of 2013 ===========================================================

1. Shila Sinha, Wife of Sri Vinod Kumar Sinha, Resident of Ushari, P.O. - Hasanpur, District - Siwan, Presently Residing at New Basti Mahadewa, P.S. - Siwan Town, District - Siwan.

2. Ashok Kumar Sinha, son of Giriwar Dhari Sinha, Resident of Mohalla - Kasera Toli, P.S. - Siwan Town, District - Siwan.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. The Collector, Siwan, P.S. and Distt. - Siwan.

3. The Deputy Collector (Establishment), Siwan, P.S. and District - Siwan. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar Sharma, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi, AAG-10 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-11-2017 Ref.: I.A. No. 3254 of 2017 The present interlocutory application has been filed for condoning the delay of four days in filing the appeal. In view of the submissions made, I. A. No. 3254 of 2017 is allowed and delay in filing the appeal is condoned. The issue involved in this appeal wherein challenge is made to an order dated 29.11.2016 passed by the learned Writ Court in C.W.J.C. No. 13055 of 2013, is already decided by this Bench on 23.06.2017 in L.P.A. No. 167 of 2016 (Avinash Kumar Chakerworty

Patna High Court LPA No.40 of 2017 dt.06-11-2017 2/2 & others Vs. The State of Bihar and others) wherein identical order passed on 29.10.2015 has been interfered with by this Bench and certain directions have been issued in the matter of grant of pay scale to the employees identically situated.

Keeping in view the aforesaid, we see reason to grant indulgence to the petitioners. Accordingly, this appeal is also allowed and disposed of in similar terms as contained in order dated 23.06.2017 passed in L.P.A. No. 167 of 2016.

The appeal is allowed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.11.2017 Transmission Date N.A.