Gupteshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4585 of 2023 ====================================================== 1.
Gupteshwar Singh Son of Late Ram Naresh Singh, resident of village Barahilpur Tola, Post Office Barahimpur, Police Station Masrakh, District - Chapra (Saran).
2.
Ajit Sharma, Son of Late Hari Narayan Mishra, resident of C- 39 Vijay Nagar, P.S. Kankarbagh, District Patna.
3.
Sanjay Kumar Pathak Son of Shiv Nath Pathak, resident of Gai Ghat, near Shiv Mandir, P.S. Alamganj, District- Patna.
4.
Bhubneshwar Lal Das, Son of Nilamber Lal Das, resident of Shivpuri, Beur Road, Near Devi Mandir, Mohalla Gardanibagh, P.S. Gardanibagh, District - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Transport, Government of Bihar Patna.
2.
The Commissioner, Department of Transport, Government of Bihar, Patna. 3.
The Principal Secretary, Finance Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan, Adv For the State :
Mr.Kumar Samarjeet Singh, AC to SC 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-09-2023 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners have been appointed under the Transport Department Data Entry Operator Recruitment Rules, 2006. They were placed in an initial scale of Rs. 4000-6000. It is the grievance of the petitioners that, upon acceptance of the 7th Pay Commission recommendations, the scale ought to be enhanced to Grade-Pay of Rs 4600 at Level 7. They have
Patna High Court CWJC No.4585 of 2023(2) dt.11-09-2023 2/3 submitted their claim for the said benefit before the authorities by way of representations (Annexure 12 Series).Since the issue is yet to be considered by the authorities, learned counsel for the petitioners submits that some more details may also be required to be given to the authorities so as to assert their claim also on the principle of 'equal pay for equal work' apart from the recommendations of the 7th pay recommendation. It is submitted that petitioners shall be submitting their representations to the State of Bihar through the Principal Secretary, Department of Transport, Government of Bihar, Patna (respondent no. 1) and The Principal Secretary, Finance Department, Government of Bihar, Patna (respondent no.2) within four(4) weeks, drawing out a comprehensive claim based on all relevant factors.
3. In view of such submission, the pendency of the writ application would serve no useful purpose. The same is disposed of with liberty to petitioners to approach the respondents, as prayed for, and if such claim is submitted within four(4) weeks, the authorities would be required to pass reasoned and speaking order, in accordance with law within a period of three(3) months.
4. It is made clear that if any financial benefits are admissible on the basis of such consideration, the same is also
Patna High Court CWJC No.4585 of 2023(2) dt.11-09-2023 3/3 required to be paid within eight(8) weeks thereafter.
5. Writ application is disposed of.
(Madhuresh Prasad, J) uttam/- U