Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10653 of 2023 ====================================================== Vinay Kumar Son of Lakshman Prasad @ Laxman Prasad Resident of Mohalla-Anand Nagar, Gali No.1, Post-Shivganj, P.S. Ara Town, DistrictBhojpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Accountant General of Bihar, Patna, Bihar. 3.

The Additional Chief Secretary, Department of Home (Police), Government of Bihar, Patna.

4.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

5.

The Director General of Police, Bihar, Patna. 6.

The Deputy Inspector General, Shahabad Range, Dehri, Rohtas, Bihar. 7.

The Superintendent of Police, Bhojpur, Bihar. 8.

The Treasury Officer,Ara, District-Bhojpur, Bihar 9.

Assistant Accounts Officer, Office of the Principal Accountant General (A and E), Bihar, Patna.

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the State :

Mr. Sheo Shankar Prasad, SC 8 Mr. Ruchikar Jha, AC to SC 8 For the Accountant Gen. :

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 02-02-2024 Heard Mr. Prashant Kumar, learned counsel for the petitioner, Mr. Ruchikar Jha, learned AC to SC 8 for the respondent State and Mr. Bindhyachal Rai, learned counsel for the Accountant General.

2. The petitioner, in the instant writ petition has challenged the memo No. 9615 dated 12.11.2018 issued by the State Government whereby the grade pay and all consequential benefits of the petitioner was retrospectively revised without notice or opportunity of hearing with a direction for

Patna High Court CWJC No.10653 of 2023(4) dt.02-02-2024 2/2 recovery/deduction of the purported excess amount from the salary/pension of the petitioner.

3. Though the counter affidavits by the respondent No. 2 and respondent No. 7 have been filed, learned counsel appearing for the parties agree that the aforesaid impugned resolution has been set aside and quashed by this Court vide order dated 22.02.2022 in C.W.J.C No. 10220 of 2021 and order dated 31.03.2022 in C.W.J.C. No. 4864 of 2021.

4. Since the resolution impugned in the instant writ petition (Annexure-2) is stated to have been set aside and quashed by this Court in the writ petition mentioned herein above, this writ petition is hereby disposed of with a direction to the respondent authorities to consider the grievance of the petitioner raised in this writ petition in the light of orders passed by this Court in the two writ petitions referred to herein above.

5. Directions, as above, shall be complied with by the respondent authorities as expeditiously as possible preferably within a period of three months from the date of receipt/production of a copy of this order.

6. Writ petition is disposed of with the above direction. (Nani Tagia, J) Prakash/- U