Satinath Gangopadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7352 of 2023 ====================================================== Satinath Gangopadhyay S/o Late Subodh Gangopadhyay Resident of Flat No. 201, Janpriya Apartment, North Sri Krishnapuri, P.S -Sri Krishnapuri, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Science and Technology, Government of Bihar, Patna.

2.

The Development Commissioner, Government of Bihar, Old Secretariat, Bihar, Patna.

3.

The secretary, Department of Science and Technology Govt. of Bihar, Patna. 4.

The Director, Science and Technology, Govt. of Bihar, Patna. 5.

The Project Director/ Incharge, Bihar Remote Sensing Application Center, Department of Science and Technology, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Kumar Sinha, Adv.

For the Respondent/s :

Mr. Kumar Alok (SC 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-12-2023 Heard Mr. Anjani Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Kumar Alok, learned SC-7 for the State.

2. The petitioner, who superannuated from the post of Draftsman on 31.01.2022, filed the present writ petition seeking a direction upon the respondents to ensure payment of all the retiral benefits, including leave encashment, gratuity etc., along with interest over the delayed payment.

3. It is to be noted that on being aggrieved by the wrong fixation of the pay scale, the petitioner has filed CWJC

Patna High Court CWJC No.7352 of 2023 dt.02-12-2023 2/2 No. 1837 of 2017 which is pending consideration before this Court. In the meantime, the petitioner having superannuated from his post on 31.01.2022 has approached this Court for payment of his admissible retiral dues. Pursuant to the order of this Court, the petitioner has been accorded the benefit of admissible gratuity and leave encashment and an amount of Rs.14,82,292/- has been credited in his account.

4. While passing the speaking order as contained in Memo No. 870 dated 08.11.2023 by the respondent-Secretary, Department of Science and Technology, it has been made clear that the difference of salary on account of pay-scale shall be considered after disposal of CWJC No. 1837 of 2017 and thus the final decision shall be taken thereafter.

5. Considering the submissions advanced and the materials available on record, the writ petition stands disposed of with a direction to the respondent-authorities to take appropriate action pursuant to the final outcome of CWJC No. 1837 of 2017.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 05.12.2023 Transmission Date