Patna High Court
Nageshwar Prasad vs The State Of Bihar on 12 January, 2022
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.293 of 2021
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1. Nageshwar Prasad S/o Late Dev Narayan Prasad Retired as Keyman - cum -
Chaukidar, PHED Division, Jehanabad, P.S. and District - Jehanabad.
2. Om Prakash Rajak S/o Late Somar Rajak working as Keyman - cum -
Chaukidar, PHED Division Jehanabad, P.S. and District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Engineer, PHED, Government of
Bihar, Patna.
2. The Chief Engineer, PHED, Government of Bihar, Patna.
3. The Executive Engineer, PHED, Jehanabad, Division, Jehanabad, District-
Jehanabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Onkar Kumar, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA 8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 12-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.
In the instant petition, petitioner has prayed for the following reliefs:-
"For issuance of
appropriate writ/direction for
th th
payment of 6 and 7 pay revised
scale with arrears of difference of consequential salary"
For issuance of writ of mandamus petitioner has to establish legal/statutory remedy followed by demand before the Patna High Court CWJC No.293 of 2021 dt.12-01-2022 2/2 competent authority. In the absence of the aforesaid ingredients, petitioner is not entitled to writ of mandamus.
Accordingly, writ petition stands dismissed reserving liberty to the petitioner to approach the concerned respondent in making detail representation/application along with any orders, if any. Such representation shall be submitted within a period of eight weeks from the date of receipt of this order. Concerned authority is hereby directed to examine and redress the grievance of the petitioner within a period of four months from the date of receipt of such application or representation.
(P. B. Bajanthri, J) Vikash/-
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