Disposed

Jai Prakash v. The State Of Bihar and Ors.

Patna HC22 Apr 2013CWJC/6752/2013

Case brief

AI extract

What is this about?

The court granted interim relief directing the Principal Secretary of the General Administration Department to examine the petitioner's grievance regarding the reduction of his basic pay scale. It instructed the department to consider a fresh representation within three months and stayed further recovery pending that decision. The writ application was disposed of after these directions.

What did the court decide?

Direction to the Principal Secretary, General Administration Department to examine the petitioner's grievance within three months and stay further recovery pending such decision.

Jai Prakash Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6752 of 2013

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====================================================== Jai Prakash , son of Late Chandeshwar Singh, resident of Patel Nagar, Guru Sahay Lal Colony, P.S-Shastrinagar, Dist- Patna .... .... Petitioner/s Versus 1.The State Of Bihar through its Chief Secretary, Old Secretariat Patna. 2. The Principal Secretary, Finance Department, Government of Bihar, Patna. 3. Under Secretary, Finance Department , Government of Bihar, Patna. 4. The principal Secretary, General Administration Department, Government of Bihar, Patna. 5. Under Secretary, General Administration Department, Government of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance: For the Petitioner : Mr. Praveen Kumar, Advocate Mr. Saptashwa Singh, Advocate For the Respondents : Mr. A.K. Upadhyaya, SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 22-04-2013 Heard learned counsel for the parties in respect of the following relief prayed in this writ petition:"Direction to the Respondent/s (more particularly Respondent No. 4) for the payment of the monthly salary to the petitioner, which he is legally entitled for, as per the last pay slip issued from the Bihar State Disaster Management Authority, Bihar, Patna where the basic scale of the petitioner was Rs. 23840/- (with grade pay) for the month of March, 2012 itself along with admissible yearly increment from the month of July, 2012 after quashing the office order issued by the General Administration Department, Government of Bihar, Patna vide Office Order no. 66 dated

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Patna High Court CWJC No.6752 of 2013 (2) dt.22-04-2013

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20.02.2013 whereby and whereunder the General Administration Department, Bihar, Patna has reduced his basic scale without any information/notice to him from Rs. 23840/- (with grade pay) to Rs. 22500/- (Rs. 17700 + Rs. 4800 grade pay) and has also shifted the date for availing the monetary benefit accruing out of 1st ACP, granted to the petitioner by the Finance Department, Government of Jharkhand vide Office Order No. 305 dated 27.10.2008 with effect from 12.12.2007 itself to 01.01.2009 and has also directed for recovery of the excess amount which was paid to the petitioner earlier by the government of Jharkhand."

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In view of the fact that the petitioner has a grievance with regard to the pay fixation made by the General Administrative Department contained in memo no. 66 dated 20.02.2013, as contained in Annexure-11, this Court instead of keeping this writ application pending would direct the Principal Secretary of the General Administrative Department to look into the grievance of the petitioner that such pay fixation is contrary to the earlier decision giving petitioner the benefit of higher pay.

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The petitioner therefore must file his representation enclosing the evidence that he is actually entitled to higher basic pay and that by order passed on 20.2.2013 while re-fixing his pay,

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Patna High Court CWJC No.6752 of 2013 (2) dt.22-04-2013

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he has been subjected to pecuniary loss as also anticipated deduction of excess amount already paid to him.

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If the petitioner would file his such representation within a period of one month from today enclosing also a copy of this order, the Principal Secretary of General Administration Department will take his decision after consulting the Finance Department within a period of three months from the date of receipt of this order.

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Till such a decision is taken and the consequential order is communicated to the petitioner no further recovery beyond already made, if any, shall be made from him pursuant to the office order contained in memo no. 66 dated 20.2.2013 (Annexure -11).

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With the aforesaid observations and directions this writ application is disposed of.

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(Mihir Kumar Jha, J)

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Namita/-

Jai Prakash v. The State Of Bihar and Ors.

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Jai Prakash v. The State Of Bihar and Ors.

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