Deobrat Mishra v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11138 of 2021 ====================================================== 1.

Deobrat Mishra Son of Late Bhola Mishra, Ex-Vehicle Driver, Division Begusarai, resident of Village Suja, Ward No. 15, P.S. Begusarai Muffasil, District - Begusarai.

2.

Vishundeo Yadav, Son of Banarsi Yadav, Ex-Vehicle Driver, Division Begusarai, resident of Village Nagdah, Ward No. 13, Kapasiya, P.S. Begusarai Town, District Begusarai.

3.

Radha Devi, Wife of Late Mahendra Rai, Ex-Vehicle Driver, Division Begusarai, resident of Village Gachchi Tola, Ward No. 30, P.S. Begusarai Town, District - Begusarai.

4.

Vidya Devi, Wife of Late Yugal Kishore Rai, Ex-Vehicle Driver, Division Begusarai, resident of Village Gachchi Tola, Ward No. - 30, P.S. Begusarai Town, District - Begusarai.

5.

Naresh Paswan, Son of Ram Ratan Paswan, Ex-vehicle Driver, Division Samastipur, resident of Village Daulatpur, P.S. - Khodabandpur, District - Begusarai.

6.

Ramdeo Rai, Son of Late Ram Autar Yadav, Ex-Vehicle Driver, Division Samastipur, resident of Village Jitwarpur, P.S. Samastipur, District - Samastipur.

7.

Baiju Kumar, Son of Late Aditya Sah, Ex-Vehicle Driver, Division Begusarai, resident of Village Shokhen, P.S. Fulkalaiya, District - Begusarai. 8.

Sunil Kumar Yadav, Son of Late Ramdeo Yadav, Ex-Vehicle Driver, Division Begusarai, resident of Village Kapasiya Nagdah, P.S. Begusarai Town, District - Begusarai.

... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited through its Chairmancum-Managing Director, Vidhut Bhawan, Bailey Road, Patna. 2.

The Managing Director, North Bihar Power Distribution Company Limited, Vidhut Bhawan, Bailey Road, Patna.

3.

The Managing Director, South Bihar Power Distribution Company Limited Vidhut Bhawan, Bailey Road, Patna.

4.

The Managing Director, Bihar State Power Generation Company Limited Vidhut Bhawan, Bailey Road, Patna.

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Respondent/s :

Mr.Vijay Kr. Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court CWJC No.11138 of 2021(2) dt.03-11-2023 2/3 ORAL ORDER 03-11-2023 The present writ petition has been filed seeking the following reliefs:- "1.i. For issuance of an appropriate writ in the nature of Mandamus seeking direction to respondents to implement the judgment/order passed by Hon'ble High Court in C.W.J.C.

No.

3968/1986 on 17.10.1996 and C.W.J.C. No. 4 of 2006 order passed on 13.3.2013 followed by C.W.J.C. No. 1102 of 2019 by his judgment/order dated 14.12.2019 with respect to petitioners whose husband were vehicle drivers and are similarly situated vehicle drivers but by memo No. 960 dated 27.8.18 and office order No. 59 dated 15.1.2021 judgment / order have been implemented upon 44 vehicle driver and 20 (twenty) vehicle drivers only leaving petitioner's who are also entitled for grant of same benefit.

ii. For issuance of appropriate writ in the nature of Mandamus seeking direction to Respondents to grant the benefit of pay scale of Rs.490-844 w.e.f. 1.4.1975 and Rs. 725-1115 with effect from 1.4.1983 and Rs.

Patna High Court CWJC No.11138 of 2021(2) dt.03-11-2023 3/3 1400-2450 w.e.f.

1.1.1986 respectively along with all consequential revised pay scale as such benefit has been provided to 44 similarly situated persons in view of order passed in C.W.J.C. No. 3698 of 1986, C.W.J.C. No. 4 of 2006, twenty person in C.W.J.C. No. 1102 of 2019 but the petitioner have not been granted such benefit and thus discriminated from others persons who had granted such benefits."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U