Rakesh Kumar Baghel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10278 of 2024 ====================================================== Rakesh Kumar Baghel son of late Satendra Kumar Gupta, resident of P.O and P.S- Aurangabad, District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Finance Department, Government of Bihar. 3.
The Secretary, (Expenditure), Department of Finance, Government of Bihar, Patna.
4.
The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.
5.
Engineer in Chief, Road Construction Department, Government of Bihar, Patna.
6.
The Chief Engineer, North Bihar Wing, Road Construction Department, Patna.
7.
The Superintending Engineer, Road Construction Department, Magadh Road Circle, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Srijan, Advocate For the Respondent/s :
Mr. Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned counsel for the State are present.
2. Learned counsel for the petitioner has filed the present writ petition for the following reliefs:- (i) To allow pay scale of Rs.4000-6000/-, having grade pay of Rs.2400/- as have been decided by Hon'ble Court in different cases.
(ii) To make payment of arrears of salary, admissible
Patna High Court CWJC No.10278 of 2024(2) dt.09-07-2024 2/3 in the pay scale of Rs.4000-6000/- and its corresponding higher pay scale and applicable grade pay, with effect from the date of appointment of the petitioner.
(iii) To make payment of interests on the amount of entire arrears.
(iv) To pass any other order/orders, for which the petitioner is legally found entitled in the facts and circumstances of the case.
3. Learned counsel for the State has raised preliminary objection and submits that petitioner has filed the writ petition for issuance of mandamus but from the writ petition it transpires that he has not filed any representation. Counsel for the State submits that first of all he must have filed proper representation and then he has to move.
3. After hearing the parties, it transpires to this Court that petitioner's case comes under the purview of matters relating to salary and wages. It also transpires to this Court that a Rule, namely, the Bihar Government Servant Grievances Redressal Rules, 2019, has been framed by the General Administration Department, Government of Bihar.
4. In that view of the matter, this writ petition is disposed off directing the petitioner to file representation before
Patna High Court CWJC No.10278 of 2024(2) dt.09-07-2024 3/3 the authority concerned for his grievances under the above said law within 30 days and the authority concerned shall pass a reasoned and speaking order on his representation within 90 days thereafter.
(Dr. Anshuman, J) Mkr./- U