Shiv Balak Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11261 of 2024 ====================================================== Shiv Balak Singh son of Harihar Singh, resident of village Gaichaur, P.O. Saraiyan. P.S. Barahara Krishnagarh Barahara, Arrah, Bhojpur, Bihar 802313. presently residing at 262/A, Bus Padao Se Paschim, New Karman Tola, Arrah, Bhojpur, Bihar - 802301.

... ... Petitioner/s

Versus

1.

The Union of India New Delhi 2.

The Chairman and Managing Director, Bharat Sanchar Nigam Limited, Govt. of India, New Delhi.

3.

The C.M.D., Telephone, Govt. of India, S.C. Mathur Lane, New Delhi. 4.

The Chief General Manager, BSNL, Budh Marg, Patna. 5.

The Principal G.M., BSNL, Patna.

6.

The Deputy G.M., BSNL, Patna.

7.

The Accounts Officer, Account and Budget, Telecom, BSNL,Patna. 8.

The Division Engineer, Telecom,BSNL, Patna.

9.

The Junior Engineer, Telecom,BSNL,Patna.

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

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh, Advocate For the BSNL :

Mr. Rajan Prakash, Advocate For the UOI/s :

Mr. Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-07-2024 Heard learned counsel appearing on behalf of the petitioner and the learned counsel for the Union of India.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "That this writ application is directed for issuance of a writ in the nature of Mandamus or any other appropriate order or direction commanding the respondents or direct them to add the increment of 2019 in the pay scale/pension of the petitioner with

Patna High Court CWJC No. 11261 of 2024(2) dt.30-07-2024 2/2 effect from 01.09.2019 under Non Executive Promotion Policy (NEPP) and grant consequential benefits."

3. Mr. Rajan Prakash, learned counsel appearing on behalf of the Bharat Sanchar Nigam Limited (hereinafter to be referred as the "BSNL") at the outset submitted that the present writ petition is not maintainable, however, he submitted that the petitioner's representation is pending since 10.12.2021 and the authorities may consider the said representation of the petitioner to redress his grievance.

4. Considering the fair submissions made by Mr. Rajan Prakash, learned counsel appearing on behalf of the respondents, I don't find to interfere in any manner. The petitioner, if so advised, may file an application before the Central Administrative Tribunal and the authorities concerned are required to consider the representation of the petitioner in accordance with law.

5. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) sudhanshu/- U