Daya Shanker Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14849 of 2024 ====================================================== Daya Shanker Mishra son of Shri Brahm Dutt Mishra, Resident of Flat No. 401, Shyam Bhavan, S.P. Sinha Road, East Boring Canal Road, Patna - 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2.

The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

5.

The Joint Secretary, Public Health Engineering Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr. Shekhar Singh, Advocate Mr. Avinash Singh, Advocate Mr. Sumit Kumar, Advocate For the Respondent/s :

Mr. Shankar Prasad, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ petition has been filed for the following reliefs:- (a). For a direction to the respondents to grant the scale of pay meant for the post of Engineer in Chief cum Special Secretary', Public Health Engineering Department, Government of Bihar, Patna to the petitioner with effect from 20.08.2019 i.e.

Patna High Court CWJC No.14849 of 2024(2) dt.30-09-2024 2/3 the date since when he took over the charge of the said post and continued till his superannuation pursuant to the notification contained in memo no. 777 dated 20.08.2019.

(b) For revising the pension and retiral benefits of the petitioner upon grant of scale of pay (Grade- 14) meant for the post of Engineer in Chief cum Special Secretary', Public Health Engineering Department, Headquarter, Patna, to the petitioner with effect from 20.08.2019.

(c) For a direction to the respondent authorities to pay the arrears of difference of salary and arrears of difference of pension and other retiral benefits accrued upon grant of the pay scale of Engineer in Chief cum Special Secretary', Public Health Engineering Department, Government of Bihar, Patna, to the petitioner with effect from 20.08.2019.

(d) For any other relief/reliefs which the Petitioner is entitled to.

3. Learned Counsel for the petitioner submits that representation of the petitioner is still pending before the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

4. Learned Counsel for the State submits that from the record it transpires that his representation is pending, therefore,

Patna High Court CWJC No.14849 of 2024(2) dt.30-09-2024 3/3 a direction may be given to pass order on representation within a fixed period of time.

5. In that view of the matter, this Court hereby direct the respondent No.1, the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna, to pass order on the representation of the petitioner within 90 days from the date of receipt/production of a copy of this order. Liberty is hereby given to the petitioner that if any subsequent development takes place during the pendency then he shall be at liberty to supplement his representation within 30 days.

6. With the aforesaid observation, this writ petition is disposed off.

(Dr. Anshuman, J) Mkr./- U