Promod Kumar Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1519 of 2014 In Civil Writ Jurisdiction Case No. 5460 of 2012 ====================================================== Promod Kumar Jha Son of Late Umesh Chandra Jha, resident of C/o Late Umesh Chandra Jha, Ashok Nagar Road No. 5, Police Station- Kankarbagh, District- Patna at present posted as District Dairy Development Officer, Nalanda.
.... .... Petitioner
Versus
1. The State of Bihar through Sri Subhash Sharma the Principal Secretary Animal Husbandry Department Govt. of Bihar having his office at Vikash Bhawan, P.S- Sachivalaya, Distt- Patna.
2. Sri Anil Kumar Singh, The Director Directorate Diary Development having his office at Vikash Bhawan, P.S- Sachivalaya, Distt- Patna.
3. Sri K.C. Sah, The Chairman, Bihar Public Service Commission having his office at 15 Bailey Road, P.S- Shastrinagar, Distt- Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Mukeshwar Dayal, Advocate Mr. Vikas Mohan, Advocate For the Opposite Party/s : Mr. Brajesh Kumar, AC to AAG-4 For the B.P.S.C. : Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-10-2018 Annexure-'A' to the 6th supplementary show cause filed on behalf of the opposite party nos. 1 and 2 is the copy of the notification issued by the State Government on 28.09.2018 by which in compliance of the order of learned writ Court, the petitioner has been given promotion on the post of District Dairy Development Officer w.e.f. 21.12.2011 in the unrevised pay scale of Rs.9300-34,800/-+ Grade Pay of Rs.4800/-.
Learned counsel for the petitioner submits that even
Patna High Court MJC No.1519 of 2014 (18) dt.04-10-2018 2/2 though permission has been granted with retrospective effect in the pay scale of the given post but the payment are still required to be made in terms of the scale of pay applicable to the said post as has been ordered vide Annexure-'A'.
In the given circumstance, this Court is disposing off the present contempt application with an expectation that the opposite parties shall in order to give effect to the order of the learned writ court in terms and spirit and give fill effect to the order as contained in Annexure-'A', shall pay all consequential benefits arising out of the grant of pay scale to the petitioner as per Annexure-'A' within a period of one month from today and all such payments will be made without further delay. In case, the petitioner is not given the benefits of the pay scale in which he has been now permitted with retrospective effect, the petitioner may approach this court. (Rajeev Ranjan Prasad, J) R.R.Ojha/Ved/- U