Araj Nath Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2531 of 2016 =========================================================== Araj Nath Pandey, Son of late Ambika Pandey, Resident of Village Balba, P.O. Damodarpur, P.S. Pipra, District East Champaran Motihari..... .... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Human Resources Department New Secretariat, Patna.

3. District Programming Officer, (D.P.O), Establishment, Bano, Chhapar Bettiah, West Champaran.

4. The District Education Officer, West Champaran at Bettiah.

5. The Headmaster cum Drawing Disbursing Officer, Rajkiya Kanya middle School, Majhwalia, West Champaran.

6. Sachhida Singh, Assistant Teacher Government of Middle School, Barwat Sen (Parshuring ) West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kumar Tiwary, Advocate For the Respondent/s : Mr. Pankaj Kumar Singh, AC to GA-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 27-03-2018 Heard Mr. K.K. Tiwari, learned counsel for the petitioner and learned counsel for the State.

The petitioner is aggrieved by the pay fixation. Learned counsel for the petitioner submits that the petitioner is a retired teacher and he was entitled to pay fixation in terms of the decision of the Finance Department w.e.f. 01.01.2006. He submits that the respondents have erroneously calculated the entitlement of the petitioner in unrevised pay scale. He submits that the petitioner has already approached the respondent District Programme Officer (Establishment), West Champaran, Bettiah, wherein he has indicated the error committed by the respondents in

Patna High Court CWJC No.2531 of 2016 dt.27-03-2018 2/2 calculation of revision in pay scale.

In view of the fact that the issue in the present writ application is with regard to calculation and as such the respondent authorities have to examine the case of the petitioner in the light of the decision of the Finance Department, bearing Memo no. 630 dated 21.01.2010, accordingly, the writ application is disposed of with a direction to the respondent District Programme Oficer (Establishment), West Champaran, Bettiah to re-look the calculation of the revised pay scale of the petitioner and in case the respondent District Programme Officer (Establishment), West Champaran, Bettiah finds error in the calculation of the revised pay scale of the petitioner, corrective measures may be taken by the respondents and petitioner may be granted consequential benefit of corrected pay revision. The entire exercise in this regard must be taken by the respondents within a period of three months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.03.2018 Transmission Date