Disposed

Yogendra Yadav v. The State Of Bihar and Ors.

Patna HC17 Dec 2012CWJC/18416/2012

Case brief

AI extract

What is this about?

This is a civil writ jurisdiction application concerning the reduction of pay scale after retirement. The petitioner sought similar treatment granted to another similarly situated individual. The court directed authorities to determine similarity, and if not, to issue a show cause notice, grant a hearing, and pass a reasoned order.

What did the court decide?

The application was disposed; authorities directed to examine similarity, issue notice if required, grant hearing and pass reasoned order within four weeks.

Yogendra Yadav Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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Patna High Court CWJC No.18416 of 2012 (2) dt.17-12-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.18416 of 2012

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======================================================

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Yogendra Yadav Son Of Late Baijnath Yadav Resident Of Village - Barsam, Block + P.S. - Sonbarsa, District - Saharsa

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Department Of Education, Government Of Bihar, Patna 2. The Principal Secretary, Department Of Education, Government Of Bihar, Patna 3. The Director, Department Of Primary Education, Government Of Bihar, Patna 4. The Regional Deputy Director Of Education, Saharsa 5. The District Education Officer, Saharsa

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The District Programme Officer (Establishment), Saharsa 7. The Drawing & Disbursing -Cum- Headmaster, Middle School, Patargarh, Saharsa .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Abhay Shankar Jha, SC-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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.... .... Respondent/s

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2 17-12-2012 Heard learned counsel for the petitioner and State. The petitioner is aggrieved by reduction of pay scale after retirement.

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Reliance is placed on an order passed with regard to another similarly situated in C.W.J.C. No. 10436 of 2012.

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Counsel for the State submits that the authorities may be permitted to examine if the petitioner was similarly situated in which he went he may be entitled to similar treatment.

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If the respondents opine that the petitioner is not

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Patna High Court CWJC No.18416 of 2012 (2) dt.17-12-2012

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covered by the aforesaid order, they are required to give him a show cause notice mentioning the grounds for difference of opinion and the facts distinguishable why he was not entitled to the benefit of the order, grant him a personal hearing, and then pass a reasoned and speaking order which must necessarily discuss all issues reflecting due application of mind.

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If the respondents find that the petitioner is similarly situated, they are expected to grant him similar treatment.

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The order to be complied with within a maximum period of four weeks from the date of receipt and/or production of a copy of this order.

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The application stands disposed.

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(Navin Sinha, J.)

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Md. Ibrarul/-

Yogendra Yadav v. The State Of Bihar and Ors.

Case brief

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Yogendra Yadav v. The State Of Bihar and Ors.

Case brief

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