Subas Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9836 of 2014 =========================================================== Subas Mishra, S/o Late Raj Narain Mishra, Resident of Village Gajadharganj, P.S. Buxar, District Buxar (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Water Resources Department, Bihar, Patna.

3. The Joint Secretary of Government of Bihar, Patna.

4. The Chief Engineer, Water Resources Department, Dehri, District Rohtas at Sasaram.

5. The Executive Engineer, Sone Nahar, Pramandal, Buxar.

6. The Accountant General, Bihar, Birchand Patel Path, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Respondent/s : Mr. SC4-Md. Raisul Haque For the Accountant General: Mr. Dr. Anand Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 26-10-2016 Heard learned counsel for the parties.

Writ application has been filed by the petitioner, who superannuated from the post of Khalasi for grant of grade pay of Rs. 2400 /- per month and corresponding revision of pension etc. Petitioner is relying upon the Finance Department's circular, contained in Annexure-1, dated 01.08.2011. The irony of the situation is that the petitioner is willing to read the circular only in piecemeal and not in entirety. The circular clearly and categorically in paragraph 1 states that for a class-iv post, the minimum requirement of passing of 10th standard is a must for the grade pay, which the petitioner is looking for.

Patna High Court CWJC No.9836 of 2014 dt.26-10-2016 2/2 It cannot be a case of an employee that he will not have the eligibility, but still have the expectation of better deal or a higher deal.

The right of the petitioner flows from the said circular, which is also the case of the petitioner. The said circular cannot be read in isolation and the entirety of the provision has to be taken into account.

The stand of the State is in similar term that since petitioner has not provided any inputs with regard to his educational qualification, he cannot be granted benefit of grade pay of Rs. 2400/- (twenty four hundred).

This position cannot be disputed.

In view of the aforesaid facts and circumstances, writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 27.10.2016 Transmission Date