Dismissed

Hemant Kumar Singh v. The State Of Bihar and Ors.

Patna HC20 Mar 2017L.P.A/379/2016

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against a writ order rejecting a Lab Technician's claim for enhanced pay scale. The Court upheld the rejection, noting the appellant was absorbed rather than substantially appointed, and approved the liberty given to approach the Pay Revision Committee.

What did the court decide?

Liberty granted to the appellant to approach the Pay Revision Committee for considering his claim for pay revision is upheld.

Hemant Kumar Singh Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Letters Patent Appeal No.379 of 2016 IN

¶3

Civil Writ Jurisdiction Case No. 2269 of 2014

¶4

=========================================================== Hemant Kumar Singh, S/O Late Chandra Shekhar Prasad Singh, Resident At Village Karmaini, P.S- Sanjholia, District- Rohtas.

¶5

.... .... Petitioner-Appellant/s

¶6

Versus

¶7

The State of Bihar

¶8

The Health Secretary, Govt. of Bihar, Patna.

¶9

The Director-in- Chief, Department of Health, Govt. of Bihar, Patna.

¶10

The Finance Commissioner, Govt. of Bihar, Patna.

¶11

The Principal, Patna Medical College, Patna, Bihar.

¶12

.... .... Respondents- Respondent/s

¶13

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

¶14

Appearance :

¶15

For the Appellant/s : Mr. Arun Kumar No. 1, Advocate For the Respondent/s : Mr. G. P. Ojha, GA-7

¶16

Mr. Gopal Krishna, AC to GA-7

¶17

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And

¶18

HONOURABLE MR. JUSTICE SUDHIR SINGH

¶19

ORAL JUDGMENT

¶20

(Per: HONOURABLE THE CHIEF JUSTICE)

¶21

Date: 20-03-2017

¶22

Appellant’s claim for granting him pay scale of Lab Technician in the scale of Rs.4500-7000/- has been rejected by the learned Writ Court and while doing so, the learned Writ Court took note of the fact that the appellant was not substantively appointed as Lab Technician. He was appointed by way of absorption on this post in accordance to the terms and conditions notified in Annexure-3, which was accepted by him and finding him to have accepted the terms and conditions without any objection and worked in the pay scale of Rs.3050-4590/-. The learned Writ Court rejected his claim based on the

¶23

Patna High Court LPA No.379 of 2016 dt.20-03-2017

¶24

2/2

¶25

principle of equal work and equal wages finding that the absorption as a Lab Technician was by way of adjustment subject to the certain conditions and, therefore, liberty was granted to him to approach the Pay Revision Committee for considering his claim. In doing so, the writ Court has not committed any error warranting reconsideration. The Letters Patent Appeal is, therefore, dismissed.

¶26

Liberty granted to the appellant by the learned Writ Court to approach the Pay Revision Committee shall be available to the appellant.

¶27

(Rajendra Menon, CJ)

¶28

(Sudhir Singh, J)

¶29

Sunil/-

¶30

AFR/NAFR	N.A.F.R
CAV DATE	N. A.
UploadingDate	21.03.2017
Transmission Date

Hemant Kumar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Hemant Kumar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/s Daya Engineering Works Pvt. Ltd. Vs The State Of Bihar and Ors.

M/s Daya Engineering Works Pvt. Ltd. Vs The State Of Bihar and Ors.

M/s Micromax Informatics Ltd. Vs The Commissioner Of Commercial Taxes and Ors.

The State Of Bihar and Ors. Vs M/s Satyam Infra J v Through Its Partner Namely Raj Kumar Singh

Canara Bank and Ors. Vs Ranjan Vedasen and Anr.

Lal Babu Sah @ Lal Babu Prasad Vs The State Of Bihar