Disposed

Daroga Prasad Ray and Ors. v. the State of Bihar and Ors.

Patna HC5 Jan 2016CWJC/8832/2011

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What is this about?

The High Court dismissed a writ petition seeking implementation of a pay scale benefit notification. The court held that petitioners approached the High Court directly without exhausting remedies by approaching the concerned authority, noting they must first make a detailed representation.

What did the court decide?

Writ petition disposed of; liberty granted to file a detailed representation to the authority within four weeks.

Daroga Prasad Ray and Ors. Vs the State of… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8832 of 2011

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====================================================== 1. Daroga Prasad Ray, son of Late Tripurari Ray, resident of village - Fetehpur, P.S. Parsauna, District - Saran at Chapra 2. Ramayan Ray, son of Sri Sheo Pujan Ray, resident of village - Harna, P.S.- Dariyapur, District - Saran 3. Shrikant Yadav, son of Sri Raj Narain Yadav, resident of village - Patiyar, P.S. Chitbara Gaon, District - Baliya .... .... Petitioners Versus 1. The State of Bihar, through the Secretary, Human Resources Development Department, Government of Bihar, New Secretariat, Patna 2. The Director, Secondary Education, Government of Bihar, New Secretariat, Patna 3. The Regional Deputy Director of Education, Saran at Chapra 4. The District Education Officer, Saran at Chapra

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ambarnath Banerjee, Adv. For the Respondent/s : Mr. AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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4 05-01-2016 Heard Sri Suresh Prasad Singh, learned counsel for the petitioners and learned AC to the Principal Addl. Advocate General. Three petitioners have primarily made a prayer for implementing the notification dated 01.06.2007 ( Annexure-1 to the writ petition) issued by the Regional Dy. Director of Education, Saran , Chapra, whereby a decision was taken to give the benefit of higher pay scale to the petitioners from Rs.6,500/10,500/- in view of completion of continuous 12 years of service.

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Learned counsel for the petitioners submits that

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Patna High Court CWJC No.8832 of 2011 (4) dt.05-01-2016

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2/2

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similarly situated persons, whose names have been mentioned in paragraph-11 of the writ petition, have been granted the same benefit vide Annexure-3 to the writ petition.

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On perusal of record, it is evident that the petitioners have directly approached this Court with a prayer to implement Annexure-1 to the writ petition, which was issued by the Regional Dy. Director of Education, Saran, Chapra. There is no indication as to whether the petitioners had approached the authority concerned for implementing the same.

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In view of the fact that without demanding justice before the authority concerned, the petitioners have directly approached this Court, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition stands disposed of granting liberty to the petitioners to approach the authority concerned by filing a detailed representation within a period of four weeks from today. If such representation is filed before the Respondent no.2, the Respondent no.2 is required to examine the same and pass appropriate order in accordance with law preferably within a period of two months from the date of filing of such representation.

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NKS/U

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(Rakesh Kumar, J)

Daroga Prasad Ray and Ors. v. the State of Bihar and Ors.

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Daroga Prasad Ray and Ors. v. the State of Bihar and Ors.

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