Ram Ekbal Prasad, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1575 of 2020 ====================================================== Ram Ekbal Prasad, son of late Samfati Prasad, resident of village- Belaon, P.s. Belaon, District- Buxar.

... ... Petitioner/s

Versus

1.

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

2.

The Director-in-Chief, Health Services, Bihar, Patna. 3.

The Civil Surgeon-Cum-Chief Medical Officer, Buxar. 4.

The In-Charge Medical Officer, Public Health Centre, Itarhi, Buxar. 5.

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Nagendra Prasad Yadav (SC-23) Mr. Sudhir Kumar Singh, AC to SC -23 For the Accountant General :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-09-2023 Heard the parties.

2. Mr. Sanjay Kumar, learned counsel for the petitioner submits that despite the stand of the respondent that vide order dated 25.09.2020, they have revised the pay in Super Time Scale with effect from 01.04.1989, almost three years have lapsed but as per the instruction received by him from the petitioner today itself, the natural consequence has not come to his account.

3. A perusal of the counter affidavit of the respondent

Patna High Court CWJC No.1575 of 2020(4) dt.21-09-2023 2/3 nos. 3 and 4 show that pursuant to the decision taken by the respondent, the service book of the petitioner was sent to the office of the Accountant General, Bihar, Patna for payment of revised promotion, pay scale and revision vide letter no. 310 25.09.2020 (Annexure-B).

4. Neither of the learned counsel for the State or the Accountant General, Bihar Patna are in a position to confirm the submission/allegation put forward by the learned counsel for the petitioner.

5. Under this circumstances, both the State as also the Accountant General, Bihar Patna are directed to ensure that within six weeks from today, the payments, as stated above, comes to the account of the petitioner if it has still has not been sent. Paper works, procedures have to be carried out by the respondents aforesaid and throwing the balls in each other Court will not be allowed after three years of the order. If the petitioner is required to sign any document, necessary steps be taken.

6. Failure to do so within six weeks by either of the respondents, an interest @ 9 per cent shall be paid by the concerned respondent from his/her pocket till the actual payment is made.

7. The petitioner will be free to move in contempt

Patna High Court CWJC No.1575 of 2020(4) dt.21-09-2023 3/3 petition, if there is any other delay.

8. The writ petition accordingly stands disposed of. (Rajiv Roy, J) Jagdish/- U