Ravi Shankar Bariyar v. The Central Warehousing Corporation
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11472 of 2024 ====================================================== Ravi Shankar Bariyar S/o late Ramchandra Prasad Resident of Mohalla Pragati, Extension A/1 Shakuntala Path, Mitramandal Colony, Saket Yihar, P.S. Phulwarisarif, District- Patna Near D-sector 800002 Anisabad, Patna ... ... Petitioner/s
Versus
1.
The Central Warehousing Corporation through its Managing Director, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 2.
The Managing Director, Central Warehousing Corporation, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 3.
The Director, (Personnel), Central Warehousing Corporation, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 4.
The Director, (Finance), Central Warehousing Corporation, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 5.
The Head of Department (Internal Audit), Central Warehousing Corporation, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 6.
The Deputy General Manager (Establishment), Central Warehousing Corporation. 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 7.
The Senior Assistant Manager (Establishment) , Central Warehousing Corporation, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 8.
The Assistant Manager (Establishment) , Central Warehousing Corporation, 4/1 Siri Institutional Area, August Kranti, Marg Hauz Khas, New Delhi 110016 9.
The Regional Manager, Central Warehousing Corporation Mauriya Lok A, Block Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Utkarsh Bhushan, Adv.
:
Mr. Akshash Ankit, Adv.
For the Respondent/s :
Mr.Deepak Sahay Jamuar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. Counsel for the petitioner submits that the present
Patna High Court CWJC No.11472 of 2024(2) dt.05-08-2024 2/3 writ petition has been filed for issuance of writ to quash the office order dated 17.11.2009 containing letter No. 599A passed by Assistant Manager (Establishment), Central Warehousing Corporation, whereby and whereunder petitioner's pay revision of IDA pay scale has been wrongly fixed as rupees 21900/- w.e.f. 01.01.2007 considering basic pay as on 31.12.2006 as Rs. 9450/- instead of Rs.9620/- and further direction may be issued to the respondents to grant his pay revision since 01.01.2007 considering at basic pay of Rs.9620 as on 31.12.2006 and to pay arrears of salary and other consequential benefits with interest.
3. Counsel for the State raised preliminary objection and submits that the present writ petition has been filed by the petitioner for quashing of the office order of the year 2009 i.e., after lapse of 15 years. He further submits that the grievances of the petitioner have been settled on many occasions at various levels and finally, when the petitioner has issued legal notice under section 80(c) of the C.P.C. then the Deputy General Manager (Establishment) has replied mentioning that the previous examination/promotion has confirmed the correctness of his pay fixation by his representation.
4. It transpires to this Court that reply has been made under section 80(c) of the C.P.C., by the respondent authorities
Patna High Court CWJC No.11472 of 2024(2) dt.05-08-2024 3/3 and from the contention made by the petitioner, it transpires that there are disputed questions involved in the present case, therefore, this Court deems it appropriate not to entertain this writ petition, and accordingly it stands dismissed with liberty to the petitioner to avail remedy before the competent civil court. With the aforesaid directions and observations, this writ petition stands disposed off.
(Dr. Anshuman, J.) Prakashmani/- U