Indian Kanoon - Search engine for Indian Law

Patna High Court - Orders

The State Of Bihar & Ors vs Binda Ray on 4 July, 2014

Bench: Chief Justice, Ashwani Kumar Singh

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Letters Patent Appeal No.512 of 2012
                                     In
               Civil Writ Jurisdiction Case No.8828 of 2006
                                   With
               Interlocutory Application No.2636 of 2012
                                     In
                  Letters Patent Appeal No.512 of 2012
 =====================================================
1. The State of Bihar through the Chief Secretary, Government of Bihar,
   Patna.
2. The Commissioner-cum-Secretary, Department of Finance, Government
   of Bihar, Patna.
3. The Secretary, Road Construction Department, Government of Bihar,
   Vishweshraiya Bhawan, Patna.
4. The Superintending Engineer, Road Construction Department, North
   Bihar Circle, Muzaffarpur.
5. The Executive Engineer, Road Construction Division No. 1,
   Muzaffarpur.
6. The District Accounts Officer, Pay Fixation Section, Muzaffarpur.
                                            .... .... Respondent- Appellant/s
                                   Versus
Binda Ray, son of Late Rajendra Ray, resident of Village- Sheikhpura,
P.O.- Bishanpursaid, P.S.- Rajapakar, District- Vaishali, presently posted at
the office of Executive Engineer, P.W.D., Road Division No. 1,
Muzaffarpur.
                                             .... .... Petitioner- Respondent/s
======================================================
Appearance :
For the Appellant/s      :    Mr. Sunil Kumar Mandal, S.C.-24
                              Mr. Arjun Prasad, A.C. to S.C.-24
                              Mr. Bipin Kumar, A.C. to S.C.-24
For the Respondent/s      :   Mr. Prabhat Kumar Singh, Advocate
======================================================
        Patna High Court LPA No.512 of 2012 (6) dt.04-07-2014

                                                 2/3




                    CORAM: HONOURABLE THE CHIEF JUSTICE
                                And
                                HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                    ORAL ORDER
                    (Per: HONOURABLE THE CHIEF JUSTICE)


6.   04-07-2014

Feeling aggrieved by the judgment and order dated 1st December 2010 passed by the learned single Judge in above CWJC No.8828 of 2006, the respondent-State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.

The matter at issue is the pay fixation in case of the writ petitioner, an Accounts Clerk in the office of the Executive Engineer, Road Construction Department, Muzaffarpur.

According to the State Government, the writ petitioner was promoted as Junior Accounts Clerk. The petitioner is, therefore, entitled to a lower pay scale of Rs.4000- 6000 (effective from 1st January 1996). Whereas it is the case of the petitioner that on the date of his promotion as Accounts Clerk in 1993, only one cadre of Accounts Clerk did exist. Accordingly, the pay of the petitioner as on 1st January 1996 was fixed in the higher pay scale of Rs.4500-7000. Even after the de- merger/bifurcation of the cadre of Accounts Clerk into two cadres, i.e. Junior Accounts Clerk and Senior Accounts Clerk, in view of the Government Resolution dated 28th September 1999, the petitioner is entitled to continue as a Senior Accounts Clerk in the higher pay scale of Rs.4500-7000.

The learned single Judge has accepted the contention raised by the writ petitioner and has allowed the writ petition. Therefore, this Appeal.

We have heard the learned advocates extensively.

We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine.

Interlocutory Application stands disposed of.

(R.M. Doshit, CJ) (Ashwani Kumar Singh, J) Sunil/-

U