Rajendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19594 of 2014 ====================================================== Rajendra Singh son of Late Kishun Singh resident of village + P.O. Pirihinda P.S. Sikandra District Jamui (Retired Headmaster), Ram Dhari Singh High School Matasi, District Lakhisarai.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Higher Education, Govt. of Bihar, Patna.

4. The Regional Deputy Director of Education, Munger Division, Munger.

5. The District Provident Fund Officer, Munger.

6. The District Education Officer, Lakhisarai.

7. The Head Master/In-charge Headmaster Ramdhari Singh High School Matasi P.S. Halsi District Lakhisarai.

8. The Accountant General, Bir Chand Patel Marg, Patna - 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Advocate Mr. Ram Vinay Pd. Singh, @ Sanjay, Advocate For the Respondent/s :

Mr. Anjani KumarAAG-4 Mr. B.K.Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 10-08-2018 This writ application has been filed by the petitioner for two-fold reliefs; firstly, with regard to non-payment of salary for the period October, 2002 to February, 2003 and January, 2005 and secondly, for correction in the pay scale admissible to the petitioner.

Patna High Court CWJC No.19594 of 2014 dt.10-08-2018 2/3

2. So far as the first relief is concerned, learned counsel for the petitioner admits that the grievance has been redressed by the respondents and now the writ petition is confined to correction in the pay admissible to the petitioner. Referring to paragraphs 6 and 7 of the counter affidavit, which is quoted below, learned counsel submits that necessary correction have been made by the competent authority, namely, the Regional Deputy Director of Education, Munger, but the follow up monetary benefit has not yet been extended to the petitioner.

"6. That with regard to difference of salary on account of grant of 2nd time bound promotion it is stated that earlier the fixation of pay of the petitioner could not be done in revised scale on account of grant of 2nd time bound promotion, as some defect was therein fixation. However, after complying those defects the answering respondent vide letter no. 4336 dated 27.12.2014 had sent the same to RDDE, Munger for his approval.

7. That thereafter the RDDE, Munger vide her letter no. 1809 dated 31.12.2014 after according approval on pay fixation has returned the original service book and the approved pay fixation."

3. If the respondents have admitted the entitlement of the petitioner, they are under obligation to take steps for ensuring consequential benefits arising out of such correction. They are directed to extend the same to the petitioner within a maximum

Patna High Court CWJC No.19594 of 2014 dt.10-08-2018 3/3 period of four months, if not extended, from the date of receipt/production of a copy of this order.

4. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.08.2018 Transmission Date