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Patna High CourtCWJC/10902/2015disposed

Dr. Aseem Kumar Thakur v. The State Of Bihar And ORS

2015-09-16Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10902 of 2015 =========================================================== Dr. Aseem Kumar Thakur, son of Late Kameshwar Thakur, resident of Flat No.17, Subha Vila, Kurzi Mor, P.S. Patliputra, District Patna, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Finance, Government of Bihar, Patna.

2. The Principal Secretary, Department of Science & Technology, Government of Bihar, Patna.

3. The Director, Department of Science & Technology, Government of Bihar, Patna.

4. The Deputy Secretary, Department of Science & Technology, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Prabhat Ranjan For the Respondent/s: Mr. Krishna Ranjan, AC to SC15 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 16-09-2015 If only the deponent was more responsible for drafting the counter affidavit, the embarrassment of the Principal Secretary and the Director could have been avoided.

The Principal Secretary has appeared in person with the Director and takes a very fair position with regard to the claim of the petitioner. He talks about a few other cases related to similar dispute as well as some query from the Finance Department, which was raised, after Annexure-4 was issued.

There is no occasion for any adjudication with regard to the

Patna High Court CWJC No.10902 of 2015 dt.16-09-2015 2 / 2 right of the petitioner. His right has been crystallized in Annexure-4. Whatever impediments are there must be sorted out and appropriate direction or order must be issued in relation to the claim of the petitioner with regard to his pay-scale within a period of three weeks from today.

The Court makes it clear that such an order or notification may not be confined to petitioner alone because the issue of demand of pay-scale and entitlement covers all such persons who come within the ambit.

There is reason to observe as above because the Court does not want more writ applications trickling in the court-room and clogging in the docket.

Writ application stands disposed of.

Personal appearance of the Principal Secretary and the Director stands dispensed with.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U