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Patna High CourtMJC/2441/2016disposed

Parmanand Sinha v. State Of Bihar And ORS

2018-01-19The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2441 of 2016 IN Miscellaneous Jurisdiction Case No. 747 of 2008 =========================================================== Parmanand Sinha son of Late Goari Charan Sinha, resident of village- Kathautia, P.O.- Balua, P.S.- Maner, District- Patna.

.... .... Petitioner/s

Versus

1. State of Bihar through Sri Arun Kumar Singh, Principal Secretary, Department of Science & Technology, Technology Bhawan, Patna.

2. Sri Arun Kumar Singh, Principal Secretary, Department of Science & Technology, Technology Bhawan, Patna.

3. Sri Om Prakash Roy, Joint Secretary-cum- Additional Secretary Department of Science & Technology, Technology Bhawan, Patna.

4. Sri Atul Sinha, Director Department of Science & Technology, Technology Bhawan, Patna.

5. Sri Lalit Mohan Srivastava, Under Secretary, Department of Science & Technology, Technology Bhawan, Patna.

.... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Gautam, Advocate For the Respondent/s : Mr. Uma Shankar- GP4 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 19-01-2018 From the show cause filed by the respondents and on petitioner's own showing, as is evident from the calculation chart submitted by the petitioner, the arrears payable to the petitioner for the period from 13.1.1988 to 31.1.1998 comes to Rs.1,92,323/- and admittedly this amount has been paid to the petitioner. However, it is the case of the petitioner that the revision of pay was admitted from 1.1.1996 and, therefore, for the period 1996 up to 31.1.1998 an additional remuneration has to be calculated based on the revision of

Patna High Court MJC No.2441 of 2016 dt.19-01-2018 2/2 pay ordered from 1.1.1996 and that has not been paid. If that be so, the petitioner may raise a fresh claim for payment of additional remuneration in view of revision ordered from 1.1.1996 and on the same being done, in case the additional remuneration has not been paid to the petitioner, the same be granted to the petitioner within 60 days.

In case the respondents are of the opinion that the petitioner is not entitled to the same, it shall be incumbent upon the respondents to pass a detailed speaking order rejecting the claim of the petitioner.

With the aforesaid observation and liberty, this application is disposed of.

(Rajendra Menon, CJ) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 24-01-2018 Transmission Date