Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4302 of 2024 ====================================================== Sushil Kumar son of Laxmi Narayan Singh, Resident of A/203, Vashi Kunj Apartment, Saguna More, P.S. Rupaspur, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

The Patna Metro Rail Corporation Limited (PMRCL) through its Managing Director, 7th Floor, Indira Bhawan, Boring Canal Road, Patna. 3.

The Managing Director, Patna Metro Rail Corporation Limited (PMRCL), 7th Floor, Indira Bhawan, Boring Canal Road, Patna. 4.

The Additional Managing Director, Patna Metro Rail Corporation Limited (PMRCL), 7th Floor, Indira Bhawan, Boring Canal Road, Patna. 5.

The General Manager (Admn./HR), Patna Metro Rail Corporation Limited (PMRCL), 7th Floor, Indira Bhawan, Boring Canal Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

Mr. Kanishk Kaustubh, Adv.

Mr. Shikhar Mani, Adv.

For the PMCCL :

Mr.Lalit Kishore, Sr. Adv.

Mr. K. Shankar, Adv.

For the State :

Dr. Md. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of direction to the respondent authorities of the Patna Metro Rail Corporation Limited (PMRCL) to fix / determine the salary of the petitioner as per Clause-10 of the Advertisement dated 31.12.2020 which prescribes for payment of same salary which the employees of Central Government /State Government /Public undertaking were getting in

Patna High Court CWJC No.4302 of 2024(2) dt.04-04-2024 2/3 their present employment and the petitioner was admittedly being paid the total salary of Rs. 4,30,658/- as mentioned in the Last Pay Certificate dated 14.10.2021 issued by the Delhi Metro Rail Corporation Limited (DMRCL) and forwarded to the General Manager, Patna Metro Rail Corporation Limited (PMRCL) vide Letter No. DMRCL/Estb./PF/SK/2181/2021 dated 25.10.2021.

(ii). The petitioner further prays that the respondent authorities be directed to pay the differential amount of salary i.e., total salary being paid in Delhi Metro Rail Corporation (Minus) the total salary which the petitioner was paid in Patna Metro Rail Corporation Limited urgently with adequate interest.

(iii). The petitioner further prays for issuance of direction to the respondent authorities to pay adequate interest upon the amount of PF which they released after delay of more than 17 months. (iv). The petitioner further prays for payment of deputation allowance, Composite transfer allowance for travel along with luggage to Delhi after being released by corporation to join Delhi metro rail Corporation on 19th January 2024 as per rule of DMRC."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent

Patna High Court CWJC No.4302 of 2024(2) dt.04-04-2024 3/3 No. 3, i.e. the Managing Director, Patna Metro Rail Corporation Limited, Patna, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Respondent No. 3, by filing appropriate representation, within a period of two weeks from today, the same shall be disposed off, by a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter and in case, any admitted outstanding dues of salary are found payable, the same shall also be paid within the same time frame. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U