Disposed

Bhrigunath Singh v. The State Of Bihar and Ors.

Patna HC22 Apr 2013CWJC/6707/2013

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What is this about?

The Patna High Court disposed of a writ application claiming salary arrears for a 2002 promotion. The Court doubted the delay but declined immediate payment. Instead, it directed the S.P., Gaya, to verify if the petitioner is currently paid at the A.S.I. scale; if not, he must grant the financial benefit within four months.

What did the court decide?

Direction to Superintendent of Police, Gaya, to verify salary within four months and grant promotional financial benefit if payable.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.6707 OF 2013 =================================================== BHRIGUNATH SINGH, S/O LATE RAM PRATAP SINGH, R/O VILLAGE KOBIL, P.S ISLAMPUR, DISTRICT NALANDA. .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 2.PRINCIPAL SECRETARY, HOME DEPARTMENT, BIHAR, PATNA. 3.DIRECTOR GENERAL OF POLICE (D.G.), BIHAR, PATNA. 4.D.I.G POLICE MAGADH RANGE, GAYA. 5.SUPERINTENDENT OF POLICE (S.P) GAYA. 6.SURGENT MAZOR, GAYA. .... .... RESPONDENT/S =================================================== Appearance : For the Petitioner/s:Mr.Yogendra Kumar Singh, Ms. Nitu Kumari, Mr. Ratneshwar Prasad and Mr. Aditya Kumar. For the Respondent/s:Mr.R.K. Singh, G.P.-2. =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2/ 22-04-2013 Heard learned counsel for the parties in respect of the following reliefs prayed in this writ application:- "Commanding the respondents to pay the promotional benefit to the petitioner such as salary of A.S.I. from 2002 till todays and also its consequential benefits to the petitioner." From the perusal of aforesaid prayer it appears that the petitioner has a grievance of being denied the financial benefit of the promotion given to him on the post of A.S.I in the year 2002. Learned counsel for the petitioner has submitted that the petitioner

In the considered opinion of this Court, the petitioner had earned his promotion on the post of A.S.I in the year 2002 and thus if his promotional pay of A.S.I. had not been extended to him till date, this Court fails to understand as to why the petitioner had not moved this Court in the period of last 11 years. The representations referred by him either in Annexure-3, Annexure-4 and Annexure- 5 in fact raise a different question basically of A.C.P which is quite distinct from the financial benefit of the promotion on the post of A.S.I. The financial benefit of regular promotion cannot be equated with the grant of ACP because ACP becomes admissible to a person who is denied regular promotion.

In view of the above, this Court is not inclined to straightway issue any direction for payment of monetary benefit of promotion on the post of A.S.I. and would only direct the Superintendent of Police, Gaya, where the petitioner is working at present, to look into the aspect as to whether the petitioner is

being paid his salary of the post of A.S.I from the date of his promotion and if he finds that the petitioner is receiving such payment of salary he would drop the matter by informing the petitioner that he has already got the monetary benefit of his promotion on the post of A.S.I which would be nothing else but the higher pay scale of the post of A.S.I. If, however, he would find that the petitioner is still getting salary on the post of constable from which he had earned his promotion on the post of A.S.I. in 2002 the Superintendent of Police, Gaya will take necessary steps for ensuring for grant of financial benefit of the post of A.S.I. to the petitioner. This exercise however must be completed by the S.P., Gaya within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of.

Bhrigunath Singh v. The State Of Bihar and Ors.

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Bhrigunath Singh v. The State Of Bihar and Ors.

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