Braj Nandan Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16323 of 2017 ====================================================== Braj Nandan Singh, S/o Late Chulahan Prasad Singh, resident of VillageTarwan, P.S. Parsa Bazar, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Minor Water Resources Department, Government of Bihar, Patna.
2. The Secretary, Minor Water Resources Department, Government of Bihar, Patna.
3. The Deputy Secretary, Minor Water Resources Department, Government of Bihar, Patna.
4. The Chief Engineer (Yojana+ Anushrawan+ Bhugarbh), Minor Water Resources Department, New Secretariat, Government of Bihar, Patna.
5. The Superintending Engineer (Mu), Planning and Establishment, Minor Water Resources Department, Vishesharaiya Bhawan, Bailey Road, Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Verma For the Respondent/s : Mr. Durgesh Nandan, AAG-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-04-2018 The petitioner by way of the present writ petition has prayed for the following reliefs:
"That, this is an application for issuance of an appropriate writ/writs, order/orders, and direction/directions, in the nature of mandamus for commanding and directing to the respondent authorities to fixed the pay scale of the petitioner on Rs.4000-6000 instead of pay scale of Rs.3200-4900 w.e.f. 1.1.1996 in view of 5th pay Revision Committee report consequent to regularization of services of the petitioner on the post of Muharrir vide Office order no.217 dated 3.9.2014 in compliance of order of this
Patna High Court CWJC No.16323 of 2017 (2) dt.30-04-2018 2/3 Hon'ble Court dated 6.2.2013 passed in writ application of the petitioner bearing C.W.J.C. No.2141 of 2013 as well as in view of circular of the Water Resources Department communicated to all Chief Engineer, Water Resources Department bearing No.363 dated 13.6.2007 and accordingly grant pay scale of Rs.4500-7000 consequent to grant of 1st A.C.P. instead of pay scale of Rs.4000-6000 w.e.f.
9.8.1999, Pay scale of Rs.5000-8000 consequent to grant of 2nd A.C.P. instead of pay scale of Rs.4500-7000 w.e.f. 9.8.1999 and accordingly fixed the pay scale of the petitioner Rs.9300-34800 with grade pay of Rs.4200/- in view of 6th pay revision committee report instead of pay scale of Rs.5200-20200/- and grade pay of Rs.2000/- along with its arrears and all consequential reliefs and accordingly revised the pension of the petitioner from due date and with a further prayer to pay its arrears. And for the other necessary relief/relief for which the petitioner is entitled to in accordance with law."
The learned counsel for the petitioner submits that the petitioner would be satisfied if he is permitted to file a representation before the respondent no. 4 regarding his grievances mentioned in the writ petition and the respondent no. 4 be directed to dispose of the said representation within a specified time frame.
Patna High Court CWJC No.16323 of 2017 (2) dt.30-04-2018 3/3 Accordingly, it is directed that the petitioner may file a representation regarding his grievances within two weeks and in case such representation is filed before the respondent no. 4, then the same may be considered and disposed of within a period of four weeks from the date of filing of the said representation by a speaking and reasoned order.
The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U