Lalan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14133 of 2024 ====================================================== Lalan Prasad Singh S/o Late Bhairo Nath Singh R/o- Sushila Sadan, Pharmaceutical Colony, Ward no.- 46, Bhootnath Road, Bahadurpur Housing Colony, P.S.- Agamkuan, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police (Headquarter), Bihar, Patna. 4.

The Accountant General (A and E), Bihar, Patna. 5.

The Senior Accounts Officer, Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar, Advocate Mr. Shashikant Amar, Advocate For the Respondent/s :

Mr. Nadim Seraj, GP-5 Ms. Shalini Mishra, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel has filed the present writ petition with a limited prayer to grant the pay scale of Sub Inspector and other benefits, which has been granted to him notionally vide Memo No.51/406816/P-2 dated 17.01.2019 from 26.03.2013 till 31.05.2013. He retired from service on 31.05.2013 but his promotion was granted on 26.03.2013 notionally. He is only demanding to grant the pay scale so that his retiral benefits may be ratified in the light of grant of notional promotion.

Patna High Court CWJC No.14133 of 2024(2) dt.19-09-2024 2/2

3. Learned Counsel for the State seeks time to file counter affidavit.

4. It transpires to this Court that in such a patty matter there is no need to file counter affidavit. The decision of the respondent is very much clear that petitioner had retired on 31.05.2013 but government has granted him promotion with effect from 26.03.2013 notionally. As such, the only thing for which the petitioner is entitled to grant the pay scale of Sub Inspector on the date of retirement and other consequential benefits attached due to change of pay scale. It is directed to respondent No.3 to take a decision with regard to the petitioner in the light of the decision taken by the State that he is entitled pay scale of Sub Inspector with effect from 26.03.2013 and granted notional promotion within 90 days from the date of receipt/production of a copy of this order.

5. Accordingly, the writ petition stands disposed off. (Dr. Anshuman, J) Mkr./- U