Krishnadeo Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20738 of 2013 ====================================================== Krishnadeo Jha S/O Late Mahesh Jha Resident Of Village- Gajahara, P.SLadania, District- Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Museum, Directorate Art, Culture And Youth Deptt., Bihar, Patna.

3.

The Curator, Chandradhari Museum, Darbhanga.

4.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Madhura Nand Jha, Advocate For the Respondent/s :

Mr. Dhurjati Kr Prasad, Advocate For the AG :

Mr. Anand Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-01-2023 The petitioner has prayed as under:- "I. For issuance of an appropriate writ, order direction to revise the pay scale of the petitioner after granting 2nd and 3rd ACP of the petitioner and make arrears thereof.

II. For issuance of an appropriate writ, order direction to the respondents to revise the pension of the petitioner in pursuance of the revised pay scale after granting 2nd and 3rd ACP in favour of the petitioner and to make payment of arrears thereof and to make current pension regularly fixed as per revised pay scale.

III. For issuance of an appropriate writ order direction to make payment of arrears of salaries of the petitioner with respect to Ist ACP as it was granted in favour of the petitioner but its arrears have not been paid as yet in favour of the petitioner.

IV. For issuance of an appropriate writ order direction to the respondents for making arrears of the salary as well as different of gratuity and difference of leave salary after revision of the pay scale of the petitioner in pursuance of six pay revision committee.

Patna High Court CWJC No.20738 of 2013(2) dt.24-01-2023 2/2 V. For issuance of in appropriate writ order direction to the residents to make payment of interest @ 12% and penal interest thereafter and a cost of Rs.20,000/- in favour of petitioner." A counter affidavit has been filed on behalf of the respondent nos.1 to 3 and its para nos.-5 and 6 read as under:- "5. That it is humbly stated that the petitioner was a Class IV Employee under Chndradhari Musuem Darbhanga and retired on 30.06.2007.

After retirement, group insurance, earned leave, encashment with arrears, G.P.F. has been paid to the petitioner. Pension and gratuity have also been sanctioned to him. No retiral benefit is pending. After this arrears of pay fixation of 01.01.1996 and 01.01.2006 has also been paid to the petitioner in the light of 5th pay revision. The petitioner has also been paid arreas of 1st A.C.P and 2nd A.C.P pay scale of 2nd A.C.P has been included in pension.

6.That it is humbly stated that so far as 3rd A.C.P is concerned 3rd M.A.C.P can not be granted to the petitioner because M.A.C.P. scheme has been regulated from 01.01.2009 though the petitioner was retired on 30.06.2007."

Keeping in view of above, this Court is of the view that the grievances of the petitioner cannot be redressed and no further orders shall require to be passed.

This writ petition is of no merit and accordingly dismissed.

(Sanjeev Prakash Sharma, J) Brajesh Kumar/- Item No.22 U