Anirudh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24047 of 2019 ====================================================== Anirudh Prasad Singh S/o Late Krishndhin Prasad Singh, Resident of VillageSakhua, Ward No. 13, Via- Budhma, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

Principal Secretary, Human Resources Department, Bihar, Patna. 3.

Director, Administration-cum-Joint Secretary, Human Resources Department, Bihar, Patna.

4.

Principal Secretary, Finance Department, Bihar, Patna. 5.

Accountant General, Bihar, Patna.

6.

Under Secretary, Finance Department, Vyatik Dawa Nirdharan Koshang, Bihar, Patna.

7.

District Programme Officer, Estb., Saharsa.

8.

Treasury Officer, Saharsa.

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

For the Petitioner/s :

Mr.Mallika Mazumdar, Advocate For the Respondent/s :

Mr.Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner and the State.

The grievance of the petitioner in the present writ petition is non-payment of salary.

The petitioner in the present writ petition is husband of late Smt. Renuka Devi who retired after attaining the age of superannuation on 31.7.2003.

The grievance of the petitioner is that petitioner's wife is entitled for promotion to Class II post w.e.f. 1.4.1979 in the pay scale of Rs. 6500-10,500 and in Class-I in the scale of Rs. 12000-375-16500 w.e.f. 1.1.1996. The wife of the petitioner died on 7.11.2011. She was denied the lawful entitlement i.e.

Patna High Court CWJC No.24047 of 2019(2) dt.13-02-2020 2/2 benefit of promotion to Class-II and Class-I post which was admissible vide notification dated 21.06.2018. After her death her husband, i.e. the petitioner is entitled to the consequential benefit but the respondents have not granted such benefits to the petitioner.

Considering the aforesaid, the writ petition is disposed of with the direction to the respondent-Director, Administrationcum- Joint Secretary, Human Resources Department, Bihar, Patna to verify the record and if the wife of the petitioner was in job up to 31.7.2003 and those who were in service upto 312.7.2003 were granted the benefit of promotion to class II post with effect from 1.4.1979 and Class -I Post with effect from 1.1.1996, the same benefit must be extended to late Renuka Devi and consequential benefits must reach this petitioner within a maximum period of four months from the date of receipt/production of a copy of this order .

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U