Kumar Shant Rakshit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16043 of 2015 ====================================================== Kumar Shant Rakshit Son of late Chaturbhuj Narayan resident of Village and P.o. Partappur Block Halsi ,PS Halsi.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Chief Secretary, Government of Bihar. 2.

The Chief Secretary, Govt. of Bihar Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Co-operation Govt. of Bihar Patna 5.

The Accountant General (A & E), Bihar R.Block, Patna. 6.

Union Of India, through Secretary, Finance Govt. of India New Delhi. 7.

The Secretary, Finance Govt. of India New Delhi. 8.

Comptroller and Auditor General of India CAG Govt of India New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kumar Sinha, Advocate For UIO :

Ms. Kanak Verma, CGC For the State :

Mr. Raghwandan, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2023 1.

The present writ petition has been filed seeking the following relief:- "(i) For issuance of writ in the nature of writ of certiorari for quashing of the letter of the Co-operative Department (Respondent no. 4) bearing Memo no.

247 dated 20.1.2015 (Annexure-8) by which the department of Co-operative has rejected the petitioner's demand for fixing the pay of the petitioner at par with his juniors w.e.f. 01.04.07.

Patna High Court CWJC No.16043 of 2015(2) dt.08-09-2023 2/3 (ii) For quashing of the letter no.1291 dated 13.02.2015 (Annexure-9) issued by the office of the respondent no. 5 confirming the rejection of the above claim of the petitioner (Annexure-8) for fixing the pay of the petitioner at par with his juniors w.e.f. 01.04.2007.

(iii) For a direction to the respondent authorities (respondent no. 5) to fix the pay of the petitioner (Sl. No. 31, Seniority No. 437) at par with his junior Colleagues namely Shri Babban Mishra (Sl. No. 32, Seniority no. 439) and Sri Shashi Shekhar Sinha (Sl. No. 33, seniority No. 440) w.e.f. 01.04.07 as per Co-operative department letter no. 1391 dated 27.3.14 (Annexure-7 and then Finance department memo no. 630 dated 21.01.10 [ (Para 7 (B) note-2 (Annexure-3].

(iv) For a direction to the concerned respondent to pay the difference of arrears of amount calculated from the date, the petitioner is entitled on the basis of Annexure-3, 4 and 7 i.e. from the date from which, the Juniors namely Shri Babban Mishra is being paid higher salary then the petitioner with admissible statutory interest @ 18% per

Patna High Court CWJC No.16043 of 2015(2) dt.08-09-2023 3/3 annum over and above the arrears of amount to be paid to 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 aforesaid grievance. Liberty, so sought, is granted.

3.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U