Angad Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18814 of 2016 ====================================================== 1.

Angad Kumar Singh son of Late Gharun Singh Resident of Village - Khorita, P.O. - Chautham, P.S. - Chautham, District - Khagaria, Pin Code - 851201, at present working at Mechanical Division, Road Construction Department, Ara.

2.

Mritunjay Prasad Singh son of Late Uditnarayan Singh Resident of Village - Dariyapur, P.O.- Dariyapur, District - Mubger, at present working at Mechanical Division, Road Construction Department, Bhagalpur. 3.

Ramesh Kumar Singh son of late Ganesh Prasad Resident of Village - Phingi, P.O. - Bihiya, P.S. - Bihiya, District - Bhojpur, Pin Code - 802152, at present working at Mechanical Division, Road Construction Department, Bhagalpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

3.

The Chief Engineer Mechanical, Road Construction Department, Govt. of Bihar, Patna.

4.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 5.

The Additional Secretary, Finance Department, Govt. of Bihar, Patna. 6.

The Secretary Expense, Finance Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Jha For the Respondent/s :

Mr.Raj Ballabh Pd. Yadav- Aag11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-05-2019 It is submitted by counsel for the petitioners that parity in the matter of grant of pay scale Rs 4000- 6000/- has been ensured as the order dated 29.03.2016, which is impugned in the instant petition has already been quashed under order dated 27.02.2019 passed in CWJC no. 9633/2016. Having regard to said submission, this court would

Patna High Court CWJC No.18814 of 2016(2) dt.15-05-2019 2/2 observe that successive writ/ direction are not required in the matter as the same letter is impugned in these proceedings. Now it is for the respondent-authority to work out benefit available to the petitioners and provide the same in accordance with law, maintaining parity in the matter of grant of pay scale. Petitioners' submission is that the case is "covered matter" under clause 4(C)(1) of Bihar State Litigation Policy, 2011.

In view thereof, respondent should work out entitlement of the petitioners in view of quashing of order dated 29.03.2016 issued by Principal Secretary, Finance Department immediately in accordance with law, and extend the due and admissible benefits to the petitioners.

Writ petition is disposed off.

(Madhuresh Prasad, J) s.hassan/- U