Gauri Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5083 of 2021 ====================================================== Gauri Shankar Pandey Son of Late Nageshwar Pandey Resident of Village and Post- Sarottar, P.S.- Dumariya Ghat, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Chief Engineer Water Resources Department, Motihari, District- East Champaran.

3.

The Collector Motihari, District- East Champaran. 4.

The Superintending Engineer Water Resources Department, Raxaul, District- East Champaran.

5.

The Executive Engineer Ghorasahan, Canal Division, Raxaul, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Anjani Kumar (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 02-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the respondents.

3. Counsel for the petitioner is hereby directed to furnish copy of the writ petition to the counsel for the State/respondents.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) For directing and commanding respondents to revised his salary on basis of revised pay scale as per order passed by respondent no. 5, the Executive Engineer, Ghorasahan, Canal Division, Raxaul, District - East

Patna High Court CWJC No.5083 of 2021 dt.02-02-2022 2/2 Champaran vide letter no. NA dated 21.12.2018 (Ann-3) and accordingly pay his revised pension and difference amount of gratuity.

(ii) And also pay the arrear of revised pension on the basis of revised pay scale, to the petitioner. (iii) And also to pay any other relief/reliefs for which petitioner is found to be legally entitled under the facts and circumstances of the case."

5. In support of aforesaid reliefs petitioner submitted representations on 07.05.2018, 16.10.2019 and 13.01.2020 vide Anneuxres 2, 4 and 6 respectively. The concerned respondent is hereby directed to consider the petitioner's representations and decide as to whether petitioner is entitled to reliefs sought in the present petition or not? If the petitioner is entitled the same shall be disbursed including monetary benefits. If the petitioner is not entitled, in that event, speaking order shall be passed as to how the petitioner is not entitled.

6. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date