Dr. Rameshwar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.614 of 2016 In Civil Writ Jurisdiction Case No.3140 of 2014 ====================================================== Dr. Rameshwar Singh son of late Ramjee Singh resident of At - Dak Bunglow Road, Police Station - Siwan Town, District - Siwan. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Finance Commissioner, Government of Bihar, Patna. 3.

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

The Joint Secretary, Health Department, Government of Bihar, Patna. 5.

The Treasury Officer, Siwan.

6.

The Accountant General (A & E) Bihar, Patna.

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

For the Appellant/s :

Mr. Raghav Prasad, Advocate For the Respondent/s :

Mr. SC15- Ajit Pratap Singh ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-09-2017 Seeking exception to an order passed by the learned Writ Court on 10th of February, 2016 in C.W.J.C. No.3140 of 2014 rejecting the claim of the petitioner for grant of revised pay-scale in the scale of Rs.14,300-18,300/- and only granting to him the benefit of lower scale of Rs.12,000-16,500/-, this appeal has been filed under Clause 10 of the Letters Patent.

Patna High Court LPA No.614 of 2016 dt.22-09-2017 2/3 Even though, initially, by filing a counter affidavit the respondent State Government had contested the claim of the petitioner, but now by filing a supplementary counter affidavit on 14th of September, 2017, respondent No.3 has brought on record certain facts which go to show that having considered the claim of the petitioner which was pending in this Appeal, the matter was referred to the Finance Department of the Government of Bihar and the Finance Department, vide resolution Memo. Dated 20th of July, 2017, Annexure A, recommended for granting the pay-scale to the petitioner with effect from 1.1.1996 and after concurrence from the Finance Department on 21.8.2017 vide Annexure B, order has been passed granting the benefit of revised pay-scale of Rs. 14,300-18,300/- has been granted to the petitioner with effect from 1.1.1996.

Keeping in view the order passed on 21.8.2017, Annexure B, the relief as prayed for by the petitioner has already been granted. Now, the actual benefit granted to the petitioner by virtue of this order be conferred upon him and his entire pay-scale and benefit on the revised rate with all monetary benefit be paid to the petitioner within a period of two months from the date of receipt/production of a certified copy of this order.

Patna High Court LPA No.614 of 2016 dt.22-09-2017 3/3 With the aforesaid, this appeal stands allowed and disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 5.10.2017 Transmission Date