Birendra Kumar Thakur And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13031 of 2010 ======================================================
1. Virendra Kumar Thakur , Working As Accounts Clerk, Rural Works Department At Darbhanga son of Late Jagnnath Thakur resident of Vill. And Post -Arnia,Via-Jandaha, P.S.-Jandaha, District -Vaishali.
2. Kritya Nand Mishra , Working As Accounts Clerk Rural Works Department At Darbhanga son of Sri Jayanand Mishra Post -Laheriasarai, Balbhadrapur, District -Darbhanga.
3. Prabhat Kumar Jha, Working As Accounts Clerk Rural Works Department At Darbhanga son of Late Shyama Nand Jha resident of Village -Raje Goth P.O. & P.S.-Manigachhi, District - Darbhanga.
4. Alexander George Peter , Working As Accounts Clerk Rural Works Department At Darbhanga son of Late C.T. Peter resident of Mohalla - Gandhi Nagar Post.-Laxami Sagar, P.S.-Sadar.
5. Shiv Shankar Paswan, Working As Account Clerk Rural Works Department At Darbhanga son of Late Ganga Paswan resident of Village -Kabilpur, Post.-Laheria Sarai, District -Darbhanga.
6. Kumar Nirmal Singh Chauhan, Working As Accounts Clerk Rural Works Department At Darbhanga son of Sri Sachidanand Singh resident of Village & Post-Vishnupur Diha, P.S.- Singhiya, District -Samastipur.
7. Nakki Ahmad , Working As Accounts Clerk Rural Works Department At Darbhanga son of Late Taslim At-Mehdi Hasan Road, Brahampura, P.O.- M.I.T. Muzaffarpur
8. Shailendra Kumar Singh, Working As Accounts Clerk Rural Works Department At Darbhanga son of Late Sakaldeo Singh resident of Village -Gopalpur, Post-Vishamapatinagar District -Samastipur.
9. Arun Kumar Prasad ,Working As Accounts Clerk Rural Works Department At Darbhanga Working In The Office Of Executive Engineer, Rural Works Division, Darbhanga.
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary, Rural Works Department, Bihar, Patna.
3. The Finance Commissioner, Govt.Of Bihar, Patna
4. The Engineer In Chief-Cum-Additional Commissioner- Cum Special Secretary, Rural Works Department Bihar, Patna.
5. Chief Engineer, Rural Works Department, Bihar, Patna.
6. The Superintending Engineer, Rural Works Deptt., Darbhanga.
7. The Executive Engineer ,Rural Works Division, Darbhanga. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratan Kumar Kumar For the Respondent/s : AC to GP No. 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
Patna High Court CWJC No.13031 of 2010 (3) dt.13-04-2017 2/3 13-04-2017 Heard Sri Ratan Kumar Kunwar, learned counsel for the petitioners and learned AC to GP No. 8.
In the present writ petition long back in the year 2012 respondent /State was directed to file counter affidavit for disposal of the writ petition at the stage of admission itself. However, till date no counter affidavit has been filed.
Nine petitioners who were posted as Accounts Clerk in Rural Works Department, Darbhanga had approached this court invoking its writ jurisdiction with a prayer to direct the respondents to enhance their pay scale with retrospective effect. Since till date no counter affidavit was filed , Sri Ratan Kumar Kunwar, learned counsel for the petitioners to avoid further time, requests for disposal of the present writ petition with liberty to the petitioners to file fresh representations before the competent authority with direction to take decision on their representations in accordance with law.
In view of submission made by learned counsel for the petitioners, there is no need to keep the matter pending. The writ petition stands disposed of granting liberty to the petitioners to file their separate representations regarding the claim which has been raised in the present petition before the competent authority. If such representations are filed within a
Patna High Court CWJC No.13031 of 2010 (3) dt.13-04-2017 3/3 period of eight weeks from today with supportive documents, the court expects that the competent authority may take appropriate decision on such representations separately preferably within a period of three months from the date of filing such representation. The writ petition stands disposed of.
(Rakesh Kumar, J) Praful/- U