Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13121 of 2023 ====================================================== Rajesh Kumar Son of Late Dharamraj Sahu, Resident of Ward No. 15, Lalbagh Marwari Tola, P.S. Sheikhpura Town, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Main Secretariat, Patna.

2.

The Principal Secretary, Department of General Administration, Government of Bihar, Main Secretariat, Patna. 3.

The Principal Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna.

4.

The District Magistrate, Sheikhpura District Sheikhpura. 5.

The District Magistrate, Sitamarhi, District Sitamarhi. 6.

The Deputy Collector, Establishment, Collectorate, Sheikhpura, DistrictSheikhpura. 7.

The Circel Officer Ghat Kusumbha, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad, Adv For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-09-2023 On mentioning slip being filed for priority listing, the matter has been listed today under the heading 'To Be Mentioned'.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. Learned counsel for the petitioner submits that the petitioner is entitled to the Pay scale of Rs. 4,000- 6,000 in terms of decision of the Division Bench passed in L.P.A. No. 167 of 2016.

Patna High Court CWJC No.13121 of 2023(2) dt.19-09-2023 2/3

4. Learned counsel for the State submits that entitlement to the Scale is subject to consideration by a Larger Bench in terms of order passed in Civil Review No. 236/2019 and C.W.J.C. No. 23831/2018, whereby and whereunder matter has been referred to a Larger Bench.

5. It is further submitted by learned counsel for the petitioner that there being no interim stay in respect of the orders which are pending consideration before the Larger Bench, the State authorities have been extending the benefit of the claimed scale pay subject to order being passed by the Larger Bench.

6. Learned counsel for the petitioner has referred to two departmental communications dated 10-11-2022, bearing Memo No. 10465 issued by the Finance Department and one letter dated 23-01-2023, bearing Memo No. 1620 issued by the General Administration Department, Government of Bihar. It is further submitted that petitioner's representation for grant of benefit, copy of which is Annexure P/10 to the writ petition, is pending consideration before the District Magistrate, Sheikhpura (respondent No. 4). Petitioner would be placing on record before respondent No. 4 the two communications of the Finance Department and General Administration Department,

Patna High Court CWJC No.13121 of 2023(2) dt.19-09-2023 3/3 noted above, for consideration of grant of benefit on the ground of parity with others, who have been granted benefit, subject to the result of the proceedings pending before the Larger Bench.

7. Learned counsel for the petitioner submits that they would be filing their representations/ supplement to the representations within two weeks. If the same is done, it is expected that the respondent No. 4 will pass a reasoned and speaking order in accordance with law within eight weeks thereafter.

8. Accordingly, writ petition is disposed of. (Madhuresh Prasad, J) uttam/- U