Yaduvanshi Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8736 of 2015 ====================================================== Yaduvanshi Rai son of late Ram Balak Rai resident of village and post office Garkha, Police Station Garkha, District Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chief Engineer, Mechanical, P.H.E.D., Bihar, Patna, Bisheshwaraiya Bhavan, Bailey Road, Patna.

3.

The Superintending Engineer, P.H.E. Mechanical Circle, Muzaffarpur. 4.

The Executive Engineer, P.H. Mechanical Division, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh For the Respondent/s :

Mr.Aag11- Ashok Kumar Keshari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-08-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Short submission of counsel for the petitioner is that respondent-authorities may be directed to consider computing/ counting service of the petitioner since the date of initial appointment in the work charge establishment, and maintain pay scale which has been granted for the period prior to absorption in service in the work charge establishment.

Specific claim has been raised by the petitioner before Executive Engineer by representation (Annexure 5). It is stated that in light of decision of the respondent-authorities in Public Health Engineering Department dated 16.11.2013 (Annexure 4),

Patna High Court CWJC No.8736 of 2015(2) dt.21-08-2019 2/2 petitioner is entitled to counting of the said period and arrear difference arising out of same pay scale being extended for the period of work charge service.

Since claim of the petitioner is pending before respondent no.4, issue has to be examined by respondent no.4 (Executive Engineer, P.H.E. Mechanical Division, Chapra) himself.

In view of aforesaid submission, this court would direct to dispose of petitioner's claim expeditiously by reasoned and speaking order in accordance with law and if any financial benefit is admissible should also be paid to the petitioner within the period of three months from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U