The High Court allowed the appeal, directing the State Government to consider the appellant's case for pay scale benefits under the Mukesh Supreme Court judgement within two months, with liberty to challenge any rejection.
Direction to the State Government to consider the appellant's case for grant of pay scale within two months.
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.961 of 2013 In
Civil Writ Jurisdiction Case No. 12040 of 2013
======================================================
Kumari Purnima Wife Of Late Pawan Kumar Singh Resident Of VillageNew Sipahi Tola, P.S.- K.Hat, Distt.- Purnia At Present Working As Nagar Teacher, Jagannath Adarsh Middle School, Kishanganj, Block And DistrictKishanganj
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr. Shanti Pratap, Advocate Mr. Arvind Kumar Varma, Advocate For the Respondent/s : Mr. Kaushal Kumar Jha
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6 03-10-2017 The question involved in this appeal has been decided by the Hon’ble Supreme Court in the case of Mukesh and another Vs. the State of Bihar and Others , 2017 (2) PLJR 263 SC, and now the State Government is required to consider the case of the appellant in the light of the directions issued by the Hon’ble Supreme Court in case of Mukesh (Supra) and grant benefit as
Patna High Court LPA No.961 of 2013 (6) dt.03-10-2017
2/2
may be permissible in view of the law as laid down by Hon’ble Supreme Court in the aforesaid case.
Accordingly, we dispose of this appeal with a direction to the State Government to consider the case of the appellant with regard to grant of pay scale in the light of the order passed by the Hon’ble Supreme Court in case of Mukesh (Supra) and take a decision within a period of two months and communicate it to the appellant. Needless to emphasize that, if aggrieved, the appellant shall be at liberty to take recourse in accordance with law.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
Uday/-
U
2 issues framed by the court
Whether the appellant is entitled to consider her case for pay scale grant in light of the Supreme Court judgement in Mukesh.
Whether the State Government must communicate a decision on the appellant's application within two months.
Colour shows how this judgement treated each authority
Mukesh and another Vs. the State of Bihar and OthersExplained¶22
Mukesh and another Vs. the State of Bihar and Others, 2017 (2) PLJR 263 SC
Kumari Purnima Wife Of Late Pawan Kumar Singh
The State Of Bihar
The Principal Secretary, Department Of Personnel And Administrative Reforms
The Deputy Secretary, Department Of Personnel And Administrative Reforms
The Principal Secretary, Deptt. Of Education
The District Magistrate-Cum-Chairman Of District Compassionate Appointment Committee
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
