Hridaya Nand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10783 of 2020 ====================================================== 1.

Hridaya Nand Pandey son of Late Gupteshwar Pandey R/O MohallaKailashpuri Beur Jail Road Patna P.S.- Beur, District- Patna. 2.

Chaudhary Roy son of Late Kuldeep Roy R/O Mohalla- New Alkapuri, Road No.- 6, P.S.- Gardanibagh, District- Patna. 3.

Arun Kumar Roy son of Late Kapildeo Roy R/O Mohalla- New Itwarpur Yadav Chowk Kurthaul, P.S.- Parsa Bazar, District- Patna. 4.

Mishri Prasad son of Late Kashi Razak Residence of East Gola Road Tulsi Nagar, P.S.- Danapur, District Patna.

5.

Jitkeshwar Thakur son of late Mahangu Thakur R/O Sipara Matkhan, P.S. Beur, District- Patna.

. ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Energy Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Energy Govt. of Bihar, Patna. 3.

Board of Directors State Hydroelectric Power Corporation Limited through its Chairman, Sone Bhawan, 2nd Floor Birchand Patel Marg, Patna. 4.

The Bihar State Hydro Electric Power Corporation Limited through its Managing Director, Sone Bhawan, 2nd Floor Birchand Patel Marg, Patna. 5.

The Managing Director, Bihar State Hydro Electric Power Corporation Limited Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna. 6.

The Manager (Personnel and Administration) Bihar State Hydroelectric Power Corporation Ltd. Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna.

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

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Respondent/s :

Mr. Kinkar Kumar, SC 9 :

Mr. Ashok Pathak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Patna High Court CWJC No.10783 of 2020 dt.12-01-2022 2/3

2. Petitioners' counsel is hereby directed to furnish copy of the petition to the learned counsel for the State/Respondents, Mr. Ashok Pathak.

3. In the instant petition petitioners have prayed for the following reliefs:

"i.

For issuance of an appropriate writ in the nature of "Mandamus" directing and commanding the Respondents authorities to implement the benefit of 7th Central pay commission Report at par with employees of State of Bihar w.e.f. 01.04.2017 to the Petitioners as well as to the employee of Bihar State Hydroelectric Power Corporation Limited (herein after referred as the Corporation).

ii.

In the nature of "Mandamus" to pay the Petitioners the payment of arrears of pa as retiral benefit after implementing the benefits of 7th Central Pay Commission Report.

iii.

For issuance of any other relief or reliefs for which the Petitioners are entitled for."

4. The grievance of the petitioners are in short compass as to whether 7th Central Pay Commission Report is required to be given effect to in so far as Corporation employees or not? The Respondent Corporation is hereby directed to take a decision whether employees of Corporation are entitled to 7th Central Pay Commission or not? Such a decision shall be taken within a period of four months from the date of receipt of this order.

Patna High Court CWJC No.10783 of 2020 dt.12-01-2022 3/3

5. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date