Prabhat Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6808 of 2021 ====================================================== Prabhat Kumar Sinha S/o Madan Mohan Prasad Sinha, resident of Mohalla - Jhilganj New Godown, P.O. - G.P.O., P.S. Kotwali, District - Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Secretariat, Patna.

2.

The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, New Secretariat, Patna.

3.

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

4.

The District Magistrate, Aurangabad, Bihar.

5.

The Block Development Officer, Kutumba Block, District - Aurangabad, Bihar. 6.

The Accountant General, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Alok Kumar Sinha, Advocate For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-03-2022 Heard learned counsel for respective parties. Learned State counsel accepts notice for respondent nos. 1 to 6.

Learned counsel for the petitioner is hereby directed to furnish a copy of the petition to learned counsel for the State if it not already furnished.

In the instant petition, petitioner has prayed for the following relief(s):- "For issuance of appropriate writ/writs, order/orders, direction/directions in the nature of Mandamus commanding the respondents authorities for fixation of pay scale as per seventh pay

Patna High Court CWJC No.6808 of 2021 dt.03-03-2022 2/2 commission, payment of arrear of salary from 26.03.2015 to 31.07.2018. Further for payment of Post Retiral dues i.e.

Provident Fund, Gratuity, Leave encashment and fixation of Pension w.e.f. 31.07.2018 and payment thereafter, till date with penal interest."

In support of the aforesaid relief, petitioner has submitted representation on 31.08.2019 (Annexure-13) and it is pending consideration before the concerned respondent. Therefore, the concerned respondent is hereby directed to examine whether the petitioner is entitled to benefit of seventh pay commission along with the difference of salary from 26.03.2015 to 31.07.2018, thereafter, re-fixation of retiral benefits like Provident Fund, Gratuity, Leave encashment and fixation of pension. The same shall be extended if the petitioner is otherwise eligible. If the petitioner is not entitled in that event necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of three months from the date of receipt of this order. With the aforesaid observations, the present writ petition stands disposed off.

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