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Patna High CourtCWJC/6885/2019disposed

Nilratan Samanta v. Inland Waterways Authority Of India, Ministry Of Shipping

2019-04-26Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6885 of 2019 ====================================================== Nilratan Samanta, Son of Sri Manik Chandra Samanta, resident of Village and P.O. Uttar Bhatora, P.S. Jaypur(Amta), District Howrah, West Bengal and working as Master 2nd Class at 5th Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna 800 001 at Present Gaighat Patna. ... ... Petitioner/s

Versus

1.

Inland Waterways Authority of India, Ministry of Shipping Government of India, having its head Office at A-13, Sector- I, Nodia, District Gautam Budh Nagar, Uttar Pradesh- 201301 and its Office at 5th Floor, Biscomaun Bhawan, West Gandhi Maidan , Patna- 800 001 at Present Gaighat, Patna. 2.

The Chairperson, Inland Waterways Authority of India, A-13, Sector- 1, Noida,District Gautam Budh Nagar, Uttar Pradesh- 201301. 3.

The Secretary, Inland Waterways Authority of India, A-13, Sector- 1, Noida,District Gautam Budh Nagar, Uttar Pradesh- 201301. 4.

The Assistant Secretary(E), Inland Waterways Authority of India, A-13, Sector- 1, Noida,District Gautam Budh Nagar, Uttar Pradesh- 201301. 5.

The Director, Inland Waterways Authority of India, 5th Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna- 800 001 at Present Gaighat, Patna. 6.

Mr. Subrata Parui Son of Madhu Sudan Parui Working as Master 2nd Class in Inland Waterways Authority of India, 5th Floor, Biscomaun Bhawan, West Gandhi Maidan,Patna 800 001 at Present Gaighat Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Bipin Bihari Singh, Advocate For the Respondents :

Mr. S.D. Sanjay (Addl. Solicitor General) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 26-04-2019 Heard the learned counsel for the parties.

2. The petitioner is aggrieved by the decision of the respondents in not paying to him the salary which is attached to the post of Master 2nd Class on which he has been working.

Patna High Court CWJC No.6885 of 2019 dt.26-04-2019 2/3

3. The petitioner had approached this Court earlier for direction to the respondents for promoting him to Master 2nd Class Post to which he was entitled from the Post of Master 3rd Class.

4. In the aforesaid writ petition viz. C.W.J.C. No. 14818 of 2012, it appears that the learned Single Judge was informed that the grievance of the petitioner has been redressed. On the basis of the aforesaid information provided by the learned counsel for the respondents, the petition was dismissed as having become infructuous.

5. Learned counsel for the petitioner has submitted that though work, is still being taken from the petitioner of Master 2nd Class but he is not being paid the salary which is attached to the Master 2nd Class post. He further submits that his promotion to the post of Master 2nd Class has not yet been regularized. The other grievance of the petitioner is that juniors to him have been promoted to Master 2nd Class from Master 3rd Class, bypassing the rightful claim of the petitioner.

Patna High Court CWJC No.6885 of 2019 dt.26-04-2019 3/3

6. This Court deems it appropriate in the aforesaid circumstance to direct the petitioner to make a representation, detailing his grievances, before the Director, Inland Waterways Authority of India, 5th Floor, Biscomaun Bhawan, West Gandhi Maidan, Patna (respondent no. 5) within a period of four weeks from today, who on receiving such representation, shall pass a reasoned order disposing of the representation referred to above within a further period of six weeks thereafter.

7. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date