Batesh Nath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4561 of 2020 ====================================================== Batesh Nath Mandal S/o Late Dhanilal Mandal, R/o Village and P.O.-Ghat Chikni, P.S.-Kursa Kanta, Dist.-Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar throungh the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Deputy Director-Cum-Deputy Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The District Magistrate, Araria.

4.

The District Accounts Officer, Purnea.

5.

The Block development Officer, Raniganj, Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avanindra Kumar Jha For the Respondent/s :

Mr.P.N.Shahi (Aag6) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-08-2024 Counsel for the petitioner and counsel for the State are present.

2. The present writ petition has been filed for quashing the Pay Fixation Chart of the petitioner finally approved by the District Accounts Officer, Purnea on 30.05.2018 (Annexure-3) whereby the petitioner has been granted the pay scale of Rs. 9300-34800 Grade Pay 2400.00 as on 01.01.2013, whereas similarly situated and junior employee to this petitioner has been appointed with pay scale of Rs. 930034800 Grade Pay 4200 with effect from 01.01.2016.

3. Counsel for the petitioner submits that writ petition has been filed for seeking direction to the respondent to provide

Patna High Court CWJC No.4561 of 2020(5) dt.08-08-2024 2/2 the same relief as has been granted to one Md. Yusuf Ali. He therefore seeks relief in his favour in the light of 4C(1) of the Bihar Litigation Policy, 2011.

4. Counsel for the State fairly submits that in the counter affidavit, a specific stand has been taken by the State that grant of such pay scale of Md. Yusuf Ali is not correct, and in paragraph no. 6 of the counter affidavit, it has been accepted by the State that the case of the petitioner's case is identical as that of Md. Yusuf Ali but due to error of the District Accounts Officer, Purnea Md. Yusuf has been granted the pay scale of 9300-34800/- Grade Pay of Rs. 4200/-. It has also been stated that the error has already been corrected vide resolution dated 05.07.2024 of the District Standing Committee, Araria and it has also been mentioned that it has been decided to recover the access amount, if paid to any of the Panchayat Sachiv.

5. In this view of the matter, this Court is of the firm view that no there is no grievance of the petitioner left.

6. Accordingly, the present writ petition is dismissed. (Dr. Anshuman, J) Sunnykr/- U