Maheshwar Pandey v. The State Of Bihar And ORS

Patna High Court MJC No.5339 of 2013 dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5339 of 2013 IN Civil Writ Jurisdiction Case No. 6937 of 2012 =========================================================== MAHESHWAR PANDEY, S/O SRI HARDEO PANDEY, RESIDENT OF VILLAGE- SONEBARSA, P.S. KANTI, DISTRICT- MUZAFFARPUR. .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR THROUGH THE SURENDRA SINGH, CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

2. SRI RABNDRA PAWAR, SON OF NOT KNOWN TO THE PETITIONER, PRESENTLY POSTED AS THE PRINCIPAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

3. SRI S.K. DWIVEDI SON OF NOT KNOWN TO THE PETITIONER, PRESENTLY POSTED AS THE JOINT SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

4. SRI SURENDRA KUMAR SON OF NOT KNOWN THE PETITIONER PRESENTLY POSTED AS THE CHIEF ENGINEER, MECHANICAL, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

5. SRI S.K. GHOSH SON OF NOT KNOWN THE PETITIONER PRESENTLY POSTED AS THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING CIRCLE, MUZAFFARPUR

6. SRI ASHOK KUMAR SON OF NOT KNOWN THE PETITIONER PRESENTLY POSTED AS THE EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DIVISION, MUZAFFARPUR .... .... OPPOSITE PARTY/S =========================================================== Appearance :

For the Petitioner/s : MR. VIJAY KUMAR SINGH, ADVOCATE. For the Opposite Party/s : MR. SHANKAR KUMAR CHOUDHARY, A.C. TO A.A.G-14.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 06-02-2015 Heard learned counsel for the petitioner and learned A.C. to A.A.G. 14 for the State.

Learned counsel for the State submits that in compliance of the order dated 04.05.2012 passed in C.W.J.C. No.

Patna High Court MJC No.5339 of 2013 dt.06-02-2015 6937 of 2012, which is under contempt, the claim of the petitioner has been considered by the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna (opposite party no. 2) vide order dated 17.04.2013 and communicated to the concerned office taking into consideration the applicability of the 6th Pay Commission to the petitioner, which would appear from paragraph 6 of the show cause dated 31.03.2014. Learned counsel for the petitioner submits that the claim of the petitioner has not been decided in the spirit of 6th Pay Commission.

Since the direction, under contempt, has already been considered by the opposite party no. 2, as such, no further action is required to be taken. This contempt application is, accordingly, disposed of. If the petitioner still aggrieve, he may take recourse in accordance with law before the appropriate forum. (Rajendra Kumar Mishra, J) Bhardwaj/- U