Patna High CourtCWJC/22078/2014dismissed

Amita Datta v. The State Of Bihar And ORS

2016-09-28Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22078 of 2014 ===========================================================

1. Amita Datta w/o Sri Ashok Datta resident of Flat No. 2A, Sur Sudha Apartments, East Boring Canal Road, P.S. - Buddha Colony, Patna - 800001, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director (Higher Education), Education Department, Govt. of Bihar, Patna.

4. The Principal, Rajkiya Mahila Mahavidyalaya, Gardanibagh, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Suraj Narain Yadav For the Respondent/s : Mr. Sarvesh Kr. Singh, AAG 13 Mrs Sunita Kumari, AC to AAG 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-09-2016 Heard counsel for the petitioner and counsel for the State.

The impugned order contained in Annexure- 8/1, dated 16.6.2008 is being challenged after more than six years. Earlier, the petitioner had approached the High Court. The matter was disposed of with a direction upon the Principal Secretary, Department of Education, HRD then, to take a decision on the pay scale to which the petitioner would be entitled. A clear and categorical finding with regard to the claim of the petitioner is that for a Sorter the pay scale authorized by the Finance Department is 3050-4590. Petitioner is looking for pay scale of 4000- 6000.

In absence of any notification having been brought on

Patna High Court CWJC No.22078 of 2014 dt.28-09-2016 2/2 record, which could in any manner establish the fact that Rs.40006000 pay scale is available to the Sorter, the order of the Principal Secretary, Department of Human Resources, is not required to be interfered with because no infirmity emerges from the said decision. The issue of grant of ACP is not entertained by this Court in the present writ application. It is a separate cause of action. Writ is dismissed.

(Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 28.9.2016 Transmission Date