Dr. Lakhi Chand Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2353 of 2016 In Civil Writ Jurisdiction Case No.5877 of 2014 ====================================================== Dr. Lakhi Chand Prasad, Son Of Late Ram Khelawan Prasad, Resident Of At & P.O- Hospital Road Siwan, Police Station- Siwan Town, District- Siwan. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Finance Commissioner, Government Of Bihar, Patna. 3.

The Principal Secretary, Health Department, Government Of Bihar, Patna. 4.

The Joint Secretary, Health Department, Government Of Bihar, Patna. 5.

The Treasury Officer, Siwan.

6.

The Accountant General ( A & E) Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Raghav Prasad, Advocate For the Respondent/s :

Ms. Shilpi Keshri, AC to AAG X ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-10-2017 In view of the order passed on 22.09.2017 in Letters Patent Appeal No.614 of 2016 ( Dr. Rameshwar Singh Vs. The State of Bihar & Ors.), this appeal has to be allowed. The benefit claimed for by the petitioner with regard to fixing his pay in the revised pay scale of Rs.14,300/18,300/- and fixing pay in a lower scale of Rs.12000-16,500/- has been rejected by the learned Writ Court in view of the order said to have been passed in the case of Dr. Rameshwar Singh Vs. The State of Bihar & Ors. CWJC No.3140 of 2014 on 10th February, 2016. However, against

Patna High Court LPA No.2353 of 2016 dt.18-10-2017 2/2 the order passed in Dr. Rameshwar Singh (supra), the petitioner therein filed LPA No.614 of 2016 and this Bench on 22.09.2017 has allowed the Letters Patent Appeal bearing LPA No.614 of 2016 and in view of the aforesaid order, we see no reason to take a different view.

This appeal is also allowed, the order passed by the learned Writ Court quashed and the appeal disposed of in terms of the order passed by us on 22.09.2017 in Letters Patent Appeal No.614 of 2016.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.11.2017 Transmission Date