Indian Kanoon - Search engine for Indian Law

Patna High Court - Orders

Shiva Ratan Rungta vs The State Of Bihar & Ors on 30 November, 2010

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CWJC No 5843 of 2006
           Shiva Ratan Rungta, aged 71 years, son of late Matadin Rungta, resident of
           101, Gangotri Apartments, Exhibition Road, P S - Gandhi Maidan, Patna
                                                                 -      Petitioner
                                    Versus

       1   The State of Bihar through the Secretary to Government -cum- Agriculture
           Production Commissioner, Department of Agriculture, Bihar, New Secretariat,
           Patna
       2   The Agriculture Production Commissioner -cum- Secretary to Government,
           Department of Agriculture, Bihar, New Secretariat, Patna
       3   Director of Agriculture, Department of Agriculture, Bihar, New Secretariat,
           Patna                                                  -      Respondents

                                              ***

                 For the petitioner       :         M/s Amber Nath Banerji & Rajeev
                                                        Shekhar,        Advocates

                 For the S t a t e        :         Mr S C 12

                                              ***


4   30.11.2010

The petitioner has come to this Court against the order dated 18th July, 2003 passed by the Agriculture Production Commissioner, Bihar, Patna by which it has been held that the petitioner is not entitled to supertime scale as in view of the Agriculture Production Commissioner, supertime scale is an ex-cadre post. He has not referred to any document in support of such a finding. Shri Amber Nath Banerji, learned counsel for the petitioner submits that as per Government notification dated 20th March, 1989 published in Bihar Gazette (Extraordinary) published on 05th April, 1989 (Annexure-4), in the Agriculture Department, there are nine cadres as listed in the notification. The 09th cadre is Statistical Cadre. That cadre itself begins with supertime scale with pay scale of Rs 1900- 2500/- with the post Joint Director, Agriculture (Statistical). That is the post which the petitioner held and notwithstanding the said, he was denied 2 the supertime scale.

State has filed a counter affidavit and all it says is that pursuant to direction of this Court, petitioner was heard and the order was correctly passed. Not a single piece of paper has been brought on record to support the impugned order and/or contradict the Government notification, as contained in Annexure-4.

There being nothing contrary on the record, in my view, the order of the Agriculture Production Commissioner, as impugned, has no basis. To that extent, the same is set aside. It is held that in view of Government notification, as contained in Annexure-4, supertime scale is available in the cadre of Statistical Officer itself to which the petitioner belongs and the petitioner is being wrongly deprived thereof. The impugned order to the contrary is set aside. The Agriculture Production Commissioner, Bihar would, within one month of production of a copy of this order before him, decide the effective date of grant of supertime pay scale to the petitioner who has long since retired and give due effect to it including for retiral benefit.

The writ petition is, accordingly, disposed of.

M.E.H./                                             (Navaniti Prasad Singh)