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Patna High CourtMJC/1506/2018disposed

Rajan Kumar And ANR v. The State Of Bihar And ORS

2018-08-08Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1506 of 2018 In Civil Writ Jurisdiction Case No. 2565 of 2017 ======================================================

1. Rajan Kumar Son of late Jagannath Singh, resident of Village- Khiri Dayal, P.S.- Nabi Nagar, District- Aurangabad, Presently posted as Senior Accounts Clerk, Building Construction Department, Building Circle, Gaya.

2. Firoj Khan, son of late Mubarak Hussain Khan, resident of VillageKonra, Post- Barhi, District- Hazaribagh (Jharkhand), presently posted as Senior Accounts Clerk, Water Resources Department, Irrigation Mechancial Division, Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Sujata Chaturvedi, the Principal Secretary, Finance Department, Govt. of Bihar, Patna.

3. Mr. Chanchal Kumar, the Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.

4. Mr. Arun Kumar Singh, the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

5. Mr. Rahul Singh, the Secretary (Expenditure), Finance Department, Govt. of Bihar, Patna.

6. Mr. Laxmi Narain Das, the Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna.

7. Mr. Upendra Narain, the Chief Engineer (South), Building Construction Department, Govt. of Bihar, Patna.

8. Mr. Umesh Kumar, the Superintending Engineer, Building Construction Department, Building Circle, Gaya.

9. Mr. Ram Pukar Ranjan, the Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna.

10. Mr. K.N. Lal, the Chief Engineer (Mechanical), Water Resources Department, Govt. of Bihar, Patna.

11. Mr. Rajdeo Lal Das, the Superintending Engineer, Water Resources Department, Irrigation Mechanical Circle, Gaya, Camp-Dehri-On-Sone, Rohtas.

12. Mr. Banshidhar Prasad Singh, the Executive Engineer, Irrigation Mechanical Division, Gaya.

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

For the Petitioner/s : Mr. Prashant Sinha, Adv. For the Respondent/s : Mr. Ajay Kumar Rastogi - AAG 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 08-08-2018 Mr. Prashant Sinha, learned counsel for the petitioners and

Patna High Court MJC No.1506 of 2018 (3) dt.08-08-2018 2/2 leaned counsel for the State are present.

Mr. Prashant Sinha while accepting that the order of this Court has been complied, submits that there is an error committed by the respondents in assignment of the grade pay. In my opinion, any error in fixation of a grade pay in the process of compliance may be a subject matter of independent proceeding for its discussion therein but is no cause for maintaining contempt application which is accordingly disposed of with the liberty to the petitioner, if so advised, to question the fixation of grade pay by the respondents in an appropriate proceedings before the appropriate forum.

(Jyoti Saran, J) Bibhash/Ranveer U