This appeal challenges a Writ Court order directing the State of Bihar to grant a replacement pay scale to an employee. The High Court found no error in the Writ Court's direction and dismissed the State's appeal.
The State of Bihar's appeal was dismissed, upholding the Writ Court's order directing the grant of the replacement pay scale.
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.756 of 2012
In
Civil Writ Jurisdiction Case No.153 of 2004
======================================================
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Mritunjay Kumar, AC to AAG-6 For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT
Patna High Court LPA No.756 of 2012 dt.03-10-2017 2/3
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-10-2017
Seeking exception to an order dated 5.1.2011 passed by the learned Writ Court in C.W.J.C. No.153 of 2004, directing for granting the replacement scale of Rs.10,000-15,200/-, this appeal has been filed by the State Government under Clause 10 of the Letters Patent.
On perusal of the record and hearing the parties, we find that based on orders passed by the competent authority, the respondent employee was found entitled to the 2nd time bound promotion with effect from 30th of August, 1990 in the then existing pay-scale of Rs.3000-4500/-. When the pay revision was brought into force with effect from 1.1.1996 and when the replacement scale of Rs.3000-4500/- was fixed as Rs.10,00015,200/- and the same was not being granted to the petitioner, the learned Writ Court directed for granting the aforesaid benefit to the petitioner.
Admittedly, the respondent employee was granted the 2nd time bound promotion with effect from 30th of August, 1990 in the then existing pay-scale of Rs.3000-4500/- and it is also clear from the Fitment Committee’s Report that the replacement scale for the pay-scale of Rs.3000-4500/- was Rs.10,000-15,200/- and it
Patna High Court LPA No.756 of 2012 dt.03-10-2017 3/3
is this replacement scale which the learned Writ Court has directed
to be paid to the petitioner.
In doing so, we find no error in the order of the
learned Writ Court warranting reconsideration.
The appeal is dismissed.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
K.C.Jha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | |
| Uploading Date | 9.10.2017 |
| Transmission Date |
1 issue framed by the court
Whether the learned Writ Court erred in directing the State to grant the replacement scale of pay to the petitioner.
The State of Bihar
Ram Baboo Singh
Neelam Singh
Ramesh Chandra Singh
Umesh Chandra Singh
The Accountant General, Bihar
Chief Justice Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
