A Letters Patent Appeal by the State of Bihar was filed challenging a single Judge's order allowing a writ petition regarding pay fixation for a government employee. The Division Bench affirmed the lower court's decision, dismissing the appeal in limine.
Dismissing the Letters Patent Appeal and the interlocutory application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.512 of 2012
In
Civil Writ Jurisdiction Case No.8828 of 2006
With
Interlocutory Application No.2636 of 2012
In
Letters Patent Appeal No.512 of 2012
=====================================================
.... .... Respondent- Appellant/s
Versus
Binda Ray, son of Late Rajendra Ray, resident of Village- Sheikhpura, P.O.- Bishanpursaid, P.S.- Rajapakar, District- Vaishali, presently posted at the office of Executive Engineer, P.W.D., Road Division No. 1, Muzaffarpur.
.... .... Petitioner- Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Sunil Kumar Mandal, S.C.-24 Mr. Arjun Prasad, A.C. to S.C.-24 Mr. Bipin Kumar, A.C. to S.C.-24 For the Respondent/s : Mr. Prabhat Kumar Singh, Advocate ======================================================
Patna High Court LPA No.512 of 2012 (6) dt.04-07-2014
2/3
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Feeling aggrieved by the judgment and order dated 1st December 2010 passed by the learned single Judge in above CWJC No.8828 of 2006, the respondent-State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent.
The matter at issue is the pay fixation in case of the writ petitioner, an Accounts Clerk in the office of the Executive Engineer, Road Construction Department, Muzaffarpur.
According to the State Government, the writ petitioner was promoted as Junior Accounts Clerk. The petitioner is, therefore, entitled to a lower pay scale of Rs.40006000 (effective from 1st January 1996). Whereas it is the case of the petitioner that on the date of his promotion as Accounts Clerk in 1993, only one cadre of Accounts Clerk did exist. Accordingly, the pay of the petitioner as on 1st January 1996 was fixed in the higher pay scale of Rs.4500-7000. Even after the demerger/bifurcation of the cadre of Accounts Clerk into two cadres, i.e. Junior Accounts Clerk and Senior Accounts Clerk, in view of the Government Resolution dated 28th September 1999, the petitioner is entitled to continue as a Senior Accounts Clerk in the higher pay scale of Rs.4500-7000.
The learned single Judge has accepted the contention raised by the writ petitioner and has allowed the writ petition. Therefore, this Appeal.
We have heard the learned advocates extensively.
Patna High Court LPA No.512 of 2012 (6) dt.04-07-2014
3/3
We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine .
Interlocutory Application stands disposed of.
(R.M. Doshit, CJ)
(Ashwani Kumar Singh, J)
Sunil/U
2 issues framed by the court
Whether the pay fixation of a promoted Accounts Clerk should be maintained in the higher pay scale after cadre demerger.
Whether the Letters Patent Appeal against the single Judge's order allowing the writ petition succeeds.
State of Bihar
Binda Ray
R.M. Doshit
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
