Gulshan Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15869 of 2023 ====================================================== Gulshan Kumar Pandey S/O Binod Pandey, Computer Operator, Presently posted/deputed at IDSP Cell, State Health Society Bihar, Sheikhpura, DistrictPatna having permanent residence at Village- Jaitpur, P.O. and P.S. Barhaiya, District- Lakhisarai, Bihar-811302.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Health Department, Patna.

2.

The State Health Society Bihar, through its Chief Executive Officer, Govt. of Bihar, Sheikhpura, Patna.

3.

The Executive Director, State Health Society Bihar, Govt. of Bihar, Sheikhpura, Patna.

4.

The District Magistrate cum Chairman District Health Society, Lakhisarai. 5.

The District Health Society through District Program Manager, Lakhisarai. 6.

Civil Surgeon cum Member Secretary, District Health Society, Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Apurv Harsh, Advocate Mr.Nanu Tripathi, Advocate Mr.Raghu Raj Pratap, Advocate Ms.Almanya, Advocate Mr.Astitva, Advocate Mr.Gaurav Sharma, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav ( Sc 23 ) Mr.Madhusudan Rai, AC to SC-23 For Resp No.2 and 3 :

Ms.Aditi Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) Directing the Respondents to determine the salary/pay scale (Data Entry Operator/Computer Operator) applicable to the Petitioner in light of Memo No. 22884 dated 17.01.2011, having the State Government approval

Patna High Court CWJC No.15869 of 2023(2) dt.08-04-2024 2/3 but the same not being paid to the Petitioner.

(ii) Directing the Respondent authorities for payment of arrears of salary [range 12,500-22,500) due to pay discrepancy with statutory interest to the Petitioner, which is due with effect from 2011 till date.

(iii) Directing the Respondent authorities to make payments of Deputation Allowance/Transport Allowance/Dearness Allowance as per the HR Manual Rules & Regulations, 2021 applicable to the Petitioner upon being transferred to IDSP cell, State Health Society Bihar, Patna at the earliest;"

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Chief Executive Officer, State Health Society, Government of Bihar, Patna, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Chief Executive Officer, State Health Society, Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a

Patna High Court CWJC No.15869 of 2023(2) dt.08-04-2024 3/3 speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U