M. Srinivasan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7576 of 2015 ====================================================== Dr. Rana Ran Keshri Singh, Son of Late Ram Lakhan Singh, Resident of 204, Ushapran Apartment, Rajendra Path, N.S.K. Puri, Boring Road, Patna800013. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary-cum-Vice Chairman, Science and Technology Department, Government of Bihar, Technology Bhawan, Bailey Road, Patna. 3.

The Secretary, Executive Committee-cum-Director, Science and Technology, Bihar Council of Science and Technology, Technology Bhawan, Bailey Road, Patna.

4.

Project Director, Bihar Council of Science and Technology and Bihar Remote Sensing Application Centre, Planetarium Complex, Patna. 5.

Subodh Kumar Verma, Assistant -cum- Accontant, Bihar Remote Sensing Application Centre, Planetarium Complex, Patna-1. 6.

Ravindra Singh, Senior Assistant, council of Science and Technology Centre, Planetarium Complex, Patna-1.

7.

District Provident Fund Officer, Patna.

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

(In Civil Writ Jurisdiction Case No. 7576 of 2015) For the Petitioner/s :

Mr. Raj Nandan Prasad For the Respondent/s :

Mr. SC19-AJAY BIHARI SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 19-09-2017 Since no adjudication has been made in C.W.J.C. No. 15235 of 2013, mere filing of a writ application by an employee cannot become a ground for reworking the pay-scale and even order recovery.

In view of the same, re-fixation of the pay-scale of the present petitioner and order of recovery, contained in AnnexureC to the counter affidavit dated 06.10.2015, stands quashed. The writ application stands disposed of with an observation

Patna High Court CWJC No.7576 of 2015(9) dt.19-09-2017 2/2 that in case any direction is issued in writ, which is C.W.J.C. No. 15235 of 2013, for re-fixation of pay-scale, then appropriate steps may be taken.

There cannot be any order or direction for payment of pension etc. since the petitioner has resigned and that amounts to forfeiture of past service.

Writ stands disposed of in terms of the above. (Ajay Kumar Tripathi, J) Pawan/- U