Jageshwar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11407 of 2013 ===========================================================

1. Jageshwar Singh Son Of Late Chhatar Singh Resident Of Village And P.O. Itaha, P.S. Sakra, District- Muzaffarpur.

2. Rabindra Nath Thakur, Son Of Late Sone Lal Thakur Resident Of VillageRopara, P.S.- Gaighat, District- Muzaffarpur.

3. Awadhesh Mahto Son Of Ram Sundar Mahto Resident Of Village And P.O. Rampur Dayal, P.S. Piyar, District- Muzaffarpur.

4. Ram Balak Jha Son Of Bhola Jha Resident Of Village And P.O. Ghosh Ram, P.S.- Piyar, District- Muzaffarpur.

5. Shivchandra Thakur Son Of Ram Prasad Thakur Resident Of Village And P.O. Ratwania, P.S. Piyar, District- Muzaffarpur.

6. Binod Kumar Singh Son Of Late Raj Mangal Singh Resident Of Village And P.O. Pilkhi, P.S. Sakra, District- Muzaffarpur..

7. Hari Narayan Bhagat Son Of Late Gonaur Bhagat, Resident Of VillageChakdaran, P.O. Chak Majahim P.S.- Mahua, District- Vaishali At Hajipur. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.

2. The Principal Secretary Minor Irrgation Department, Government Of Bihar, Patna

3. The Deputy Secretary Minor Irrgation Department, Government Of Bihar, Patna

4. The Chief Engineer Minor Irrigation Department, Muzaffarpur Zone, Muzaffarpur.

5. The Superintending Engineer Minor Irrigation Department, Minor Irrigation Circle, Muzaffarpur.

6. The Executive Engineer, Minor Irrigation Department, Tube Well Division, Industrial Area, Bela, Muzaffarpur.

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

For the Petitioner/s : Mr. V.K. Singh, Advocate. For the State : Mr. L.P.K. Rajgrihar, AC to AAG 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 12-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In the present writ petition, petitioner is claiming relief of revised pay scale of Tube-Well Operator i.e Rs.950-Rs.1400 with

Patna High Court CWJC No.11407 of 2013 dt.12-05-2016 effect from 1.1.1986.

Claim has been made that on the basis of the order passed in C.W.J.C. No. 7151 of 1994 similarly situated persons have been granted relief and claim of the petitioner has been ignored. Learned counsel for the petitioner in support of his contention has placed reliance on the order dated 8.1.1996 passed in C.W.J.C. No.7151 of 1994 and order dated 1.7.2009 passed in C.W.J.C. No.7243 of 2009 and submits that case of the petitioner is covered by the aforesaid two orders, whoever approached this Court have been granted the benefit.

In counter affidavit, there is no denial of the fact that two orders passed by this Court is not applicable to the case of the petitioner.

In such view of the matter, the Executive Engineer, Minor Irrigation Department, Tube Well Division. Industrial Area, Bela, Muzaffarpur (respondent no.6) is directed to examine the case of the petitioner and if it is found that case of the petitioner is identical to the others he should be given the same benefit as has been give to the others.

For convenience, petitioner is directed to file a representation before the Executive Engineer, Minor Irrigation Department, Tube Well Division, Industrial Area, Bela

Patna High Court CWJC No.11407 of 2013 dt.12-05-2016 Muzaffapur who he will consider his case and dispose of the same within a period of two months from the date of filing of the representation.

With the aforesaid observations this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE Uploading Date 16052016 Transmission Date