Narbdeshwar Prasad Chaubey @ Narbdeshwar Chaubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10628 of 2015 ====================================================== Narbdeshwar Prasad Chaubey @ Narbdeshwar Chaubey S/o Late Anant Chaubey Resident of Village Udho Chapra, P.O. Bhujauli Bazar, P.S. Khodda, District Kushinagar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Commissioner-cum-Secretary, Department of Animal Husbandry, Government of Bihar, Patna. 2.

The Commissioner-cum-Secretary, Animal Husbandry Department, Government of Bihar, Patna.

3.

The Director, Department of Animal Husbandry, Government of Bihar, Patna.

4.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Verma, Advocate For the Respondent/s :

Mr. Anirudh Kr. Singh, AC to GP 25 For A.G.

:

Mrs. Nivedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-08-2023 1.

The present petition has been filed seeking the following reliefs :- "(i) For issuance of an appropriate writ, order or direction in the nature of mandamus commanding and holding that petitioner who was retired as Assistant Fooder Development officer was holding gazetted post and as such he is entitled for all the benefits of pay, salary, promotion etc. of the gazetted post at par with other gazette officers.

(ii) For issuance of an appropriate writ, order or direction holding that mentioning the petitioner as non-gazetted officer in the

Patna High Court CWJC No.10628 of 2015(2) dt.18-08-2023 2/2 memo no. 1760 dated 13.04.2011 (Annexure- 3) is bad and erroneous and a factual mistake.

(iii) For issuance of an appropriate writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to grant the petitioner 1st A.C.P in pay scale of Rs. 6500-10,500 and 2nd A.C.P in pay scale of Rs. 10,000-15,200 as per his entitlement and at par with the gazetted officers and accordingly, modify the pension of the petitioner. "

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his subsisting grievances, if any. Liberty so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U