Binod Kumar Ray v. The Bihar State Power Holding Company
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4796 of 2024 ====================================================== Binod Kumar Ray son of Late Ram Kripal Mahto, Resident of VillageManchi, P.S.- Belsand, District- Sitamarhi, presently residing at MohallaSimra, P.S.- Dumra, District- Sitamarhi, (Retired Driver Electric Supply Division, Sitamarhi).
... ... Petitioner/s
Versus
1.
The Bihar State Power Holding Company Vidhut Bhawan, Bailey Road, Patna.
2.
The Chairman cum Managing Director, the Bihar State Power Holding Company, Vidyut Bhawan, Bailey Road, Patna.
3.
The Managing Director, North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.
4.
The Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.
5.
The Managing Director, Bihar State Power Generation Company Limited, Vidyut Bhawan, Bailey Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma, Advocate For the Respondent/s :
Mr.Vinay Kirti Singh, Sr. Advocate Mr.Akhileshwar Singh, Advocate Mr.Venkatesh Kirti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2024
1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ in the nature of Mandamus seeking direction to respondents to implement the Judgement/ order passed by Hon'ble High Court in which has been affirmed in LPA No. 1375 of 2013 by this Hon'ble court vide order dated 12.7.2017 and also in S.L.P. No. (Civil) No. 9343 of 2018 by the Hon'ble Supreme Court vide order dated
Patna High Court CWJC No.4796 of 2024(2) dt.04-04-2024 2/3 1.5.208 with respect to the Petitioner also who was/is similarly situated vehicle drivers, but by Memo No. 960 dated 27.08.2018 and office order No.
dated 15.01.2021 Judgement/order have been implemented upon 44 vehicle drivers and 20 (twenty) vehicle drivers only leaving Petitioner who is also entitled for grant of same benefit.
(ii) For issuance of appropriate writ in the nature of mandamus seeking direction to respondents to grant the benefit of pay Scale of Rs. 725-1115 with effect from 01.04.1983 and Rs. 1400-2450 w.e.f. 01.01.1986 respectively alongwith all consequential revised pay scale as such benefit have been provided to 44 similarly situated persons in view of order passed in C.W.J.C. No. 4 of 2006, twenty persons in C.W.J.C. No. 1102 of 2019 but the Petitioner has not been granted such benefit and thus discriminated from others persons who had granted such benefits."
2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.2 i.e. the Chairman cum Managing Director, Bihar State Power Holding Company, Bihar, Patna, for redressal of his aforesaid grievances. Liberty so sought is granted.
3. It is needless to state that in case appropriate
Patna High Court CWJC No.4796 of 2024(2) dt.04-04-2024 3/3 petition is filed, by the petitioner, before the Chairman-cumManaging Director, Bihar State Power Holding Company, Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter and in case any outstanding dues are found payable, the same shall be paid to the petitioner, within the same time frame.
4. The present writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/- U