Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11426 of 2019 ====================================================== Rakesh Kumar S/o Late Shyam Prasad R/o Mohallah- Bairagi, P.S.- Delha, District- Gaya, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2.

The Principal Secretary Department of General Administration ( Formerly known as personnel and Administrative Reforms department), government of Bihar, Main Secretariat, Patna.

3.

The Divisional Commissioner Gaya Division, Gaya 4.

The District Magistrate Gaya.

5.

The District Development Commissioner-cum- Secretary District Compassionate Committee, Gaya.

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

For the Petitioner/s :

Mr.Virendra Prasad For the Respondent/s :

Mr.(GA4) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-09-2020 Heard Mr. Virendra Prasad, the learned counsel for the petitioner, and the learned AC to GA 4. The matter has been taken up through video conferencing.

The petitioner, in this writ petition, seeks direction to the respondents to pay the salary of the petitioner in the scale of Rs. 4000-6000/- as many other persons who were appointed in the cadre of Lower Division Clerk in different Collectorate of Bihar have been granted the same scale even after bifurcation of cadre of Lower Division Clerk and Upper Division Clerk. The learned counsel for the petitioner submits that the State has already filed counter affidavit and in view of the order passed by this court on 01.02.2019 in CWJC No. 1776 of 2019 (Abu Zafar v. the State of Bihar & Ors) the writ petition may be

Patna High Court CWJC No.11426 of 2019(2) dt.24-09-2020 2/2 disposed of with a direction to the petitioner to file representation before the Principal Secretary, General Administration Department, Government of Bihar, respondent No.2 who shall dispose of the representation after verifying all the records within a period of eight weeks.

Mr. Anshuman, the learned AC to GA 4, submits that if the representation is disposed of with such terms, the State has got no objection.

Having considered the facts, I dispose of this writ petition with a direction to the petitioner to represent before the Principal Secretary, General Administration Department, Government of Bihar, Patna, respondent No.2, within four weeks. On such the respondent No.2 shall dispose of the representation of the petitioner within eight weeks from the date of its filing after verifying all the records and circulars. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U