Patna High CourtL.P.A/379/2016dismissed

Hemant Kumar Singh v. The State Of Bihar And ORS

2017-03-20Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.379 of 2016 IN Civil Writ Jurisdiction Case No. 2269 of 2014 =========================================================== Hemant Kumar Singh, S/O Late Chandra Shekhar Prasad Singh, Resident At Village Karmaini, P.S- Sanjholia, District- Rohtas. .... .... Petitioner-Appellant/s

Versus

1. The State of Bihar

2. The Health Secretary, Govt. of Bihar, Patna.

3. The Director-in- Chief, Department of Health, Govt. of Bihar, Patna.

4. The Finance Commissioner, Govt. of Bihar, Patna.

5. The Principal, Patna Medical College, Patna, Bihar. .... .... Respondents- Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Arun Kumar No. 1, Advocate For the Respondent/s : Mr. G. P. Ojha, GA-7 Mr. Gopal Krishna, AC to GA-7 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-03-2017 Appellant's claim for granting him pay scale of Lab Technician in the scale of Rs.4500-7000/- has been rejected by the learned Writ Court and while doing so, the learned Writ Court took note of the fact that the appellant was not substantively appointed as Lab Technician. He was appointed by way of absorption on this post in accordance to the terms and conditions notified in Annexure-3, which was accepted by him and finding him to have accepted the terms and conditions without any objection and worked in the pay scale of Rs.3050-4590/-. The learned Writ Court rejected his claim based on the

Patna High Court LPA No.379 of 2016 dt.20-03-2017 2/2 principle of equal work and equal wages finding that the absorption as a Lab Technician was by way of adjustment subject to the certain conditions and, therefore, liberty was granted to him to approach the Pay Revision Committee for considering his claim. In doing so, the writ Court has not committed any error warranting reconsideration. The Letters Patent Appeal is, therefore, dismissed. Liberty granted to the appellant by the learned Writ Court to approach the Pay Revision Committee shall be available to the appellant.

(Rajendra Menon, CJ) (Sudhir Singh, J) Sunil/- AFR/NAFR N.A.F.R CAV DATE N. A.

Uploading Date 21.03.2017 Transmission Date