Shreechand Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9881 of 2007 =========================================================== Shreechand Prasad Singh, s/o late Maruan Singh, r/o vill-Najari, PS- HaveliKharagpur, Dist-Munger. .... .... Petitioner/s

Versus

1. The State of Bihar through its Secretary-cum-Industrial Development Commissioner, Department of Industry, Government of Bihar, New Secretariat, Patna

2. The Chairman, Bihar Industrial Area Development Authority, Government of Bihar, Patna

3. The Managing Director, Bihar Industrial Area Development Authority, Patna

4. The Chairman, Bureau of Public Enterprises (Finance Department, Patna)

5. The Executive Director, Bihar Industrial Area Development Authority, Regional office, Darbhanga.

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

For the Petitioner/s : Mr. Rabindra Pd. Singh For the Respondent/s : Mr. Ashok Kr. Gupta (AC to GP 10) =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 25-07-2018 1.

The petitioner has filed the present writ petition for directing the respondents to pay the arrears to the petitioner on account of the revised pay scale w.e.f. 01.04.1997 to 31.12.2003 along with consequential benefits.

2.

The learned counsel for the petitioner has submitted that although the statement of fixation of pay scale on the basis of revision made, has been compiled but still the respondents are not paying the actual benefits to the petitioner herein. It is further submitted that the Special Secretary to the Government, Finance Department has issued a resolution dated 17.02.1999 with regard to the revision of scale of

Patna High Court CWJC No.9881 of 2007 dt.25-07-2018 2/2 pay on account of Sixth Pay Revision but still the petitioner has not be granted the benefits. Lastly, it is submitted that the revised pay scale of the petitioner has been fixed by the respondents vide Memo no. 212 dated 12.03.2007 but despite the fact that the others have been paid the said benefits, the petitioner is yet to be conferred the same. The learned counsel for the petitioner has relied on a judgment dated 22.05.2017 passed in CWJC no. 13360 of 2008 as well as a judgment of the Division Bench dated 24.04.2017 passed in L.P.A. no. 1477 of 2014. The aforesaid facts have not been controverted by the respondents.

3.

Having regard to the facts and circumstances of the case and for the reason mentioned herein, the present writ petition is allowed and the respondents are directed to grant benefits of revised pay scale to the petitioner within a period of six weeks from today. (Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date27.07.2018 Transmission Date NA