Devendra Prasad v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19328 of 2014 ====================================================== Devendra Prasad Son of Ram Peyare Yadav Resident of village - Kishunpur, Police Station - Noorsarai, District - Nalanda. Presently posted as A.S.I., in C.I.S.F. Unit NTPC Barh, District - Patna, Bihar. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Director General of Central Industrial Security Force CISF, Home Ministry of India, Head Quarter, New Delhi 3.

The Deputy Inspector of General of Central Industrial Security Force Home Ministry, CISF Unit BCCL (Koyla Nagar), CCWO, Dhanbad, Jharkhand 4.

The Deputy Commandant, CISF Home Ministry, Unit NTPC Barh, District Patna, Bihar.

5.

The Assistant Commandant-cum-D.D.O. CISF Unit BCCL, CCWO, Dhanbad, Jharkhand.

6.

The Assistant Commandant, CISF Unit, NTPC Barh, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate :

Mr. Umesh Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-08-2023 1.

The present petition has been filed seeking the following reliefs :- "(i) For issuance of writ in the nature of Certiorari or any other appropriate writ for quashing of the letter no. F- 17082/ 2/CISF/ BCCL/ Way. Ni/13-4074 dated 24-06-2014, issued by the Assistant Commandant Cum D.D.O. CISF Unit BCCL CCWO, Dhanbad, Jharkhand, whereby the Basic Pay Scale of the salary of the petitioner was not made equal to his Batchmates due to none equal of

Patna High Court CWJC No.19328 of 2014(2) dt.09-08-2023 2/3 the pay scale of one Ravindra Kumar.

(ii) For issuance of writ in the nature of Mandamus or any other appropriate writ commanding the respondents to make the payment of arrear of the salary of the petitioner on the basis of the Basic Pay Scale of Rs. 11940 instead of Rs. 11700/ from May, 2014 to June, 2014 as he was getting salary on the Basic pay scale Rs. 11940/- till the month of April, 2014.

iii) For issuance of writ in the nature of mandamus or any other appropriate writ to also make the payment of the salary of the petitioner on the basis of the Basic Pay Scale of Rs. 12440/- instead of Rs. 12180/- from the month of July, 2014 till date as similarly situated employees are getting salary on the Basic pay scale Rs. 12440/- from the month of July, 2014.

iv) For holding that similarly situated employees namely S. S. Yadav force no.

803460236, G. M. Jha force no. 802240185, N. D. Dubey force no. 803470020 and A. K.

Ojha force no. 801460092, who were appointed and promoted with the petitioner, were paid salary on the Basic pay of Rs. 11940/- and the petitioner was also paid the same Basic Pay till April,2014 but suddenly the Basic Pay scale of the petitioner was reduced without giving any opportunity

Patna High Court CWJC No.19328 of 2014(2) dt.09-08-2023 3/3 of hearing to the petitioner, amounts to violation of natural justice and he was paid his salary on the Basic Pay Scale of Rs. 11700/- instead of 11940/- from the month of May, 2014 to June, 2014."

2.

After some arguments, the learned Senior counsel for the petitioner seeks liberty on behalf of the petitioner to approach appropriate forum/ court having competent jurisdiction, for redressal of his subsisting grievances. Liberty so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U