Patna High Court - Orders
Dilip Kumar Srivastava vs The State Of Bihar And Ors on 13 August, 2019
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14206 of 2014
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Dilip Kumar Srivastava son of Late Paras Nath Srivastava, Sundery Enclave
Apartment, Block- B, Flat No. 302 Dhira Chak, P.O. Anisabad, District-
Patna- 800 002
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors Water Resources Department, Sinchai Bhawan,
Patna
2. The Engineer-in-Chief Madhay Water Resources Department, Sinchai
Bhawan, Patna
3. The Under Secretary to Govt. Prabhandhan, T.E., Water Resources
Department, Bihar, Patna, Sinchai Bhawan, Patna
4. The Exeuctive Engineer, Rural Department Work Division, Motihari,
Champaran East, At Areraj, Rural Development Department, Bihar, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Girish Nandan Prasad Singh
For the Respondent/s : Mr.Prashant Kumar, AC to SC 5
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 13-08-2019Heard counsel for the petitioner and counsel for the respondents-State.
Petitioner has raised claim of financial up-gradation under Assured Career Progression scheme, 2010 and MACP scheme of the State Government. He is claiming grade pay of Rs 7600/- with effect from 02.03.2009.
It is the stand of the respondents in the counter affidavit that for grant of grade pay of Rs 7600/-, requirement was that the petitioner should be having benchmark 'very good'. Since petitioner did not have requisite benchmark, his claim for Patna High Court CWJC No.14206 of 2014(2) dt.13-08-2019 2/3 grade pay of Rs 7600/- had been rejected as he did not have requisite benchmark 'very good'.
Counsel for the petitioner submits that since claim of the petitioner for grade pay of Rs 7600/- arises prior to 31.03.2011 in terms of letter dated 24.05.2011 (annexure 10) issued by the General Administration department, such benchmark could not have been made basis to consider petitioner's entitlement. Since his claim was with effect from 02.03.2009, this court would consider the decision of the General Administration department dated 24.05.2011 which is as follows:-
"funs"kkuqlkj mi;ZqDr fo"k;d bl foHkkx ds i=kad&3@,e0&45@2011 lk0&922 fnukad 30 ekpZ] 2011 ds Øe esa Li"V djuk gS fd mi;qZDr ifji= rqjr ds izHkko ls] vFkkZr~ 30 ekpZ] 2011 izHkkoh gSA iqjkus ekeyksa ftuesa duh; dks izksUufr iqjkuh i)fr ls gh nh x;h gS] mi ij ;g ykxw ugh gksxkA lkFk gh] mDr ifji= dh dafMdk&3¼3½ dks la"kksf/kr djrs gq, Li"V fd;k tkrk gS fd *izksUufr ds ;ksX;* vH;qfDr;ksa dks *cgqr vPNk* oxZ esa ekuk tk;sxkA"
In view of such Government decision, claim of the petitioner apparently could not have been rejected by assigning reason that he did not posses requisite benchmark 'very good'. The specific plea of the petitioner for grant of grade pay Rs 7600/- on the basis of letter dated 24.05.2011 has not been denied by the authority though they have filed counter affidavit, Patna High Court CWJC No.14206 of 2014(2) dt.13-08-2019 3/3 supplementary counter affidavit and reply to rejoinder.
In the circumstance, this court would observe that claim of the petitioner for grant of grade pay or Rs 7600/- should be considered by the authority without raising requirement of benchmark 'very good' in terms of decision dated 24.05.2011 issued by the General Administration department. If there is no other impediment, authorities would be obliged to extend grade pay of Rs 7600/- to the petitioner. Authority should issue necessary direction in this regard within a period of eight weeks from the date of receipt/production of a copy of this order.
Writ petition is allowed to the aforesaid extent.
(Madhuresh Prasad, J) s.hassan/-
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