Bashist Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2602 of 2021 ====================================================== Bashist Kumar Mishra Son of Late Manna Mishra Resident of MohallaMauna, P.S.- Chapra Town, District- Chapra (Saran) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna 2.

The Nagar Parishad Chapra District- Chapra (Saran) 3.

Chairman, Nagar Parishad Chapra District- Chapra (Saran) 4.

The Executive Officer, Nagar Parishad Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Murari Mishra, Adv.

For the State :

Mr. Syed Hussain Majeed, AC to SC 6 ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 19-12-2023 Heard Mr. Binod Murari Mishra, learned counsel appearing on behalf of the petitioner and Mr. Syed Hussain Majeed, learned counsel for the State.

2. The petitioner, who superannuated on 31.12.2009 from the post of Upper Division Clerk from Chapara Municipality, has filed the present writ petition seeking a direction upon the respondents to ensure payment of difference of amount on account of 6th Pay Revision along with interest.

3. It is submitted across the Board that other identically situated persons have been allowed the benefit of 6th Pay Revision and so far as the petitioner is concerned, discrimination is caused and he has been denied the relief, thus the present writ petition. Learned counsel for the petitioner fairly submits that so far as the other retiral benefits are

Patna High Court CWJC No.2602 of 2021 dt.19-12-2023 2/2 concerned, the same has already been accorded to the petitioner.

4. Considering the grievance of the petitioner which is confined only to the arrears of difference on account of 6th Pay Revision, the present writ petition stands disposed of with liberty to the petitioner to file a fresh representation before the Municipal Commissioner, Chapra Municipal Corporation within a period of four weeks from today.

5. If such a representation is filed within the stipulated period, the Municipal Commissioner, Chapra Municipal Corporation shall consider the same and pass a reasoned and speaking order.

6. In case the claim of the petitioner is found at par with the other persons, who have been allowed the benefit of 6th Pay Revision, the same must be paid to him within the further period of eight weeks.

7. Accordingly, the present writ petition stands disposed of.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 21.12.2023 Transmission Date