Gandhi Choudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12576 of 2016 ======================================================

1. Gandhi Choudhary and Ors son of Late Bhadu Choudhary, Working as Keyman- Chaukidar.

2. Kamlesh Sharma, son of Shri Ram Niwas Sharma, working as Keyman-cumChaukidar.

3. Ram Singhasan Singh, son of Shri Bharat Sharma, Working a Nalkoop Khalasi.

4. Kapildeo Singh Son of Late Dharmdeo singh, Working as Keyman-cum Chaukidar.

5. Rameshwar Ram, Son of Late Jit Bahan Ram, Working as Nalkoop Khalasi. All working in PHED Sub-Division, Arwal, P.S- Town, District Arwal. ... ... Petitioners

Versus

1. The State Of Bihar tthrough Chief Engineer, PHED,Govt. Of Bihar Patna

2. The Chief Engineer, Public Health Engineering Department, Government of Bihar, Patna.

3. The Executive Engineer, Public Health Engineering Department, Jehanabad Division, Jehanabad.

4. The Executive Engineer, Public Health Engineering Department, Arwal Division, Arwal.

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

For the Petitioner/s :

Mr.Amaresh Kumar Singh For the Respondent/s :

Mr. Anwar Karim, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-01-2019 Heard learned Counsel for the petitioners and the learned Counsel for the respondent State.

The writ petition was filed claiming revised pay scale as per recommendation of the 6th Pay Commission Report along with consequential benefits.

It is submitted by Counsel for the petitioners that in light of the government decision dated 22.5.2018 petitioners have been granted 7th pay revision in the month of June 2018

Patna High Court CWJC No.12576 of 2016(3) dt.23-01-2019 2/2 and salary in the revised scale is being paid from October 2018. He submits that the issue is for grant of arrears difference on account of such revision.

Since the scale has been granted to the petitioners there is no occasion for this Court to presume that admissible arrears difference on account of such revision will not be made available to the petitioners.

The writ petition is, therefore, disposed of. Respondent No. 2 should take a final decision on the claim of arrears difference admissible to the petitioners as per their individual entitlement and the amount found admissible and due be paid to the petitioners within a period of three months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J.) SNkumar/- U