Lakhendra Prasad Shahi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19102 of 2013 =========================================================== Lakhendra Prasad Shahi Son of Late Harendra Prasad Shahi, resident of village and P.O. Birpur, P.S. Kanti, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3. The Chief Engineer, Water Resources Department, Muzaffarpur

4. The Superintending Engineer, Tirhut Canal Circle, Muzaffarpur

5. The Executive Engineer, Tirhut Canal Division No. 1, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG-16 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 25-07-2016 Heard the parties.

In this case, the petitioner is claiming that respondents have wrongly fixed the pay scale while granting the 2nd A.C.P.

As per the claim of the petitioner, he is entitled to the 2nd A.C.P. in the pay scale of Rs. 5000-8000/- with effect from 17.07.2000, but the respondents have given the 2nd A.C.P. in the pay scale of Rs. 4500-7000/-. There is no dispute with regard to the fact that the petitioner has been given all the three A.C.Ps., but the limited grievance of the petitioner is that instead of fixing the 2nd A.C.P. in the pay scale of Rs. 5000-8000/- it has wrongly been fixed

Patna High Court CWJC No.19102 of 2013 dt.25-07-2016 2/2 as Rs. 4500-7000/-.

In the counter affidavit, the respondents have given the details of the fact, the manner the pay of the petitioner was enhanced from time to time, but the counsel for the petitioner submits that respondents have committed an error in fixing the 2nd A.C.P. in the wrong pay scale.

As it is a matter of fixation of pay, it is proper that the grievance of the petitioner be considered by the Chief Engineer, Water Resources Department, Muzaffarpur.

For the convenience, the petitioner is directed to file a detailed representation in support of his claim along with a copy of this order and the Chief Engineer will consider his case and pass a reasoned order within a period of three months from the date of filing of the representation.

With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- AFR/NAFR NAFR CAV DATE Uploading Date 27.07.2016 Transmission Date