Patna High CourtCWJC/20875/2014disposed

Rajeshwar Prasad Singh v. The State Of Bihar And ORS

2023-07-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20875 of 2014 ====================================================== Rajeshwar Prasad Singh Son of Late Mukhi Singh, Resident of VillageChhoti Bokhari, P.O.- Solhand, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

The State Of Bihar 2.

Principal Secretary,Water Resources Department, Government of Bihar, Old Secretariat, Patna 3.

Principal Secretary-cum-Commissioner Finance, Government of Bihar, Old Secretariat, Patna 4.

Sone Command Area Development Agency, null having its office at Sone Bhawan, Daroga Prasad Rai Path, Patna 5.

The Chairman and Managing Director, Sone Command Area Development Agency, Sone Bhawan, Daroga Prasad Rai Path, Patna 6.

The Secretary, Sone Command Area Development Agency, Sone Bhawan, Daroga Prasad Rai Path, Patna 7.

The Executive Engineer, Sone Command Area Development Agency at P.O. and P.S. Arrah, District- Bhoj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Kinkar Kumar, SC-9 Ms. Deepika Sharma, AC to SC-9 Mr. Ashutosh Kumar, AC to SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-07-2023 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kinkar Kumar, learned SC-9 along with Ms. Deepika Sharma, learned AC to SC-9 appearing on behalf of the State.

2. The petitioner, who had retired from the post of Clerk, while he was posted in Ara Division of Sone Command Area Development Agency has been denied benefit of 5th and 6th

Patna High Court CWJC No.20875 of 2014 dt.11-07-2023 2/3 Pay Revision applicable to the employees of the Sone Command Area Development Agency ( in short SCADA).

3. Learned counsel informs that with respect to the employees of Gandak Area Development Agency (in short GADA). The issue regarding standing benefit of 5th and 6th Pay Revision has been decided by this Court in CWJC No. 7583 of 2021. The State Government has preferred L.P.A. No. 420 of 2022, which was allowed vide Judgment dated 11.04.2023 and against the said order, the appeal has been filed before the Apex Court, recently.

4. Learned counsel submits that the present writ petition may be disposed of in light of CWJC No. 7583 of 2021 in which employee of GADA, which is a similar agency as that of the petitioner that is SCADA and same service condition have been adopted by both the agencies. The petitioner seeks to file representation in light of order dated 13.04.2022 passed in CWJC No. 7583 of 2021. The present writ petition is disposed of.

5. The respondent no. 7 must ensure to dispose of the representation of the petitioner in the light of the order dated 13.04.2022 passed in CWJC No. 7583 of 2021. The respondent no. 7 must ensure to dispose of the representation of the

Patna High Court CWJC No.20875 of 2014 dt.11-07-2023 3/3 petitioner in the light of order dated 13.04.2022 passed in C.W.J.C. No. 7583 of 2021. If the respondent No.7 is of the opinion that he must await the decision of the Apex Court against the judgment of this Court passed in LPA No. 420 of 2022, the same be passed expeditiously just after the decision of the Apex Court.

6. With the above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) Manish/- Minu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.07.2023 Transmission Date NA