Kamini Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23596 of 2018 ====================================================== Kamini Kumari W/o late Kumud Kishore Sinha Residing at 157-B, Arya Kumar Road, Rajendra Nagar, P.S. Kadamkuna, District- Patna, PIN- 800016. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Divisional Commissioner, Patna. 2.

District Magistrate, Patna.

3.

District Programme Officer, Patna.

4.

Child Development Project Officer, Danapur, Patna. 5.

Treasury Officer, Danapur, Patna.

6.

Accountant General Bihar, Virchand Patel Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajni Kant Jha For the State :

Ms. Kumari Amrita, GP-3 For the Accountant Gen. :

Mr. Bridhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2023 Heard learned counsel for the parties concerned.

2. The petitioner retired as a Lady Supervisor on 31.07.2017 from the Office of Child Development Project, Danapur, Patna.

3. The grievance of the petitioner is that vide order dated 09.03.2016 the petitioner was granted MACP scale of 15600-39100 having Grade Pay of 6600 in Pay Band-3, but after the retirement of the petitioner her scale has been revised to Grade Pay 5400 in Pay Band-2 vide Annexure-A/1 due to

Patna High Court CWJC No.23596 of 2018(13) dt.28-02-2023 2/3 which the pension of the petitioner has been revised from Rs. 45,500/- to Rs. 43,850/-.

4. Learned counsel for the petitioner submits that before reduction of the pay scale, the petitioner was not given any notice and no opportunity was given to her to defend her claim prior to the order of reduction of her pay scale.

5. An amendment petition was allowed by this Court by which the petitioner has challenged the order of reduction of her pay scale vide order dated 17.08.2021.

6. Learned counsel for the State submits that by the general order of the Commissioner, Patna, the pay scale of all Lady Supervisors has been reduced, she agrees that individual notice has not been given to the employees.

7. Having regard to the submissions made by the parties and taking into consideration the fact that no notice was given to the petitioner prior to the reduction of her pay scale, I dispose this writ application with direction to the petitioner to file a representation before the Commissioner, Patna Division within a period of four weeks and if such a representation is filed, the Commissioner, Patna Division shall grant personal hearing to the petitioner and shall dispose the representation within a period of three months from the date of

Patna High Court CWJC No.23596 of 2018(13) dt.28-02-2023 3/3 receipt/production of representation by a speaking and reasoned order.

8. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U