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Patna High Court - Orders

Janardan Prasad Dixit vs The State Of Bihar on 18 April, 2024

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Alok Kumar Pandey

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.623 of 2019
                                                     In
                               Civil Writ Jurisdiction Case No.21798 of 2014
                 ======================================================
                 Janardan Prasad Dixit
                                                                           ... ... Appellant/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Satyendra Rai, Advocate
                 For the Respondent/s   :      Mr. Ashutosh Ranjan Pandey, AAG-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4   18-04-2024

Matter called twice. Learned counsel for the State was asked to assist this Court. In the morning session, he has submitted that he would rely on Supreme Court decision as well as withdrawal of the additional increment to such of those employees/officers acquired Ph.D qualification are not entitled to additional increment and it was withdrawn. Both the documents have not been made available.

2. The matter is pending consideration for the last about five years. Therefore, Respondents are hereby directed to pay cost of Rs. 10,000/- (Rs. Ten Thousand). Cost shall be remitted in the Patna High Court Legal Services Committee, Patna within a period of four weeks. In the meanwhile, State Respondents are hereby directed to produce all such of those Patna High Court L.P.A No.623 of 2019(4) dt.18-04-2024 2/2 documents to the extent that appellant is not entitled to additional increment on account of acquisition of Ph.D decree qualification with reference to policy decision of the State Government that providing additional increment to such of those employees/officers, who have acquired Ph.D qualification was withdrawn in the year 1985 read with the fact that appellant was stated to have acquired Ph.D qualification prior to 1985. In other words, whether withdrawal of such additional increment benefit has been with retrospective effect or not, so as to contend that appellant is not entitled to have the benefit of additional increments on account of Ph.D degree qualification.

3. Relist this matter on 16.05.2024.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/-

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