Dr. Shesh Nath Upadhyay v. The State Of Bihar And ORS

Patna High Court MJC No.1878 of 2014 (9) dt.30-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1878 of 2014 In Civil Writ Jurisdiction Case No. 2887 of 2012 ======================================================

1. Dr. Shesh Nath Upadhyay S/O Sri Naga Upadhyay, R/o Madanani Laion Panchawati Colony, P.S.- Mithanpura, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rameshwar Pd. Singh, Principal Secretary, Finance Department Old Secretariat, Govt. of Bihar, Patna

3. Rajendra Ram, Director (Administration), Human Resources Development Department New Secretariat, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. Raj Nandan Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

A supplementary show cause has been filed by the opposite party no. 3 indicating that the petitioner has already been paid the differential amount of salary in BES Cadre with effect from 1988, since the petitioner's service has been merged in BES Cadre from the date of his initial appointment. Hence, the consequential benefits which accrued to the petitioner has already been paid to the petitioner. However, learned counsel for the petitioner controverts the said submission by stating that it is only in the basic cadre that he has been paid.

Since the dispute has now been raised as to what was the entitlement of the petitioner as on 29.04.1988, this court is not

Patna High Court MJC No.1878 of 2014 (9) dt.30-01-2018 inclined to proceed further in the contempt jurisdiction. The contempt application stands disposed of with a liberty to the petitioner to contest the claim before an appropriate forum. (Anjana Mishra, J) Jagdish/- U