Patna High Court - Orders
Abhi Manu Sao vs The State Of Bihar on 17 November, 2022
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9936 of 2022
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Abhi Manu Sao
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bijay Kumar Pandey, Advocate
For the Respondent/s : Mr. M. N. Ray, AC to SC-4
For the BSFC : Mr. Uttkarsh Utpal, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
4 17-11-2022Heard Mr. Bijay Kumar Pandey, learned counsel for the petitioner, Mr. Uttkarsh Utpal, learned counsel for the Bihar State Food and Civil Supplies Corporation Ltd. (hereinafter referred to as 'the BSFC') and Mr. M. N. Ray, learned counsel for the State.
In compliance of the order of this Court dated 17.10.2022, a supplementary counter affidavit has been filed on behalf of respondent no.5 (the District Manager, BSFC, Nalanda). By referring to the averments made in para. nos. 6 and 7, learned counsel for the BSFC submits that the District Manager, SFC, Nalanda having considered the claim of the petitioner has paid all the admitted retiral benefits, as per the last pay scale, amounting to Rs. 27,200/-. The photocopy of the fixation report has been brought on record by way of Patna High Court CWJC No.9936 of 2022(4) dt.17-11-2022 2/2 Annexure-C to the Supplementary Counter Affidavit.
At this juncture, learned counsel for the petitioner submits that though the respondent has revised the pay scale of the petitioner, but the same has not been implemented till date and the petitioner is still getting pension on the basis of old pay scale. He has also brought on record the details of the Bank account in support of his contention.
Prima facie, this Court is not satisfied with the supplementary counter affidavit filed on behalf of respondent no.5.
Let a fresh supplementary counter affidavit be filed on behalf of respondent no.5, making specific reply to the statements made on behalf of the petitioner in his rejoinder to the counter affidavit filed on behalf of respondent nos. 2 to 6.
List this case after two weeks enabling the respondent no.5 to file fresh supplementary counter affidavit showing the fact as to whether the actual payment is being made to the petitioner, on account of revised pay scale, or not.
(Harish Kumar, J) uday/-
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