Petitioner challenged denial of two annual increments and special pay. Court directed petitioner to file a representation before the Board Chairman for a reasoned order within three months, then disposed of the writ.
Directed petitioner to file fresh representation before the Board Chairman for disposal within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12741 of 2009
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Harihar Tiwary (Retired Assistant, Bihar School Examinatin Board, Patna), Son of late Ganga Tiwary, at present resident at C/o Sri Saroj Kumar Sharma, near Bambam Medical Hall at Jagat Narayan Road, P.S. Kadam Kuan, Town and District Patna and permanent resident of Village Parmanpur, P.S. Ametha, P.S. Dawath, Dist. Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra Mishra For the Respondent/s : Mr. Girijesh Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT
Date : 23-02-2018
Heard learned counsel for the petitioner and counsel for the
Bihar School Examination Board.
The limited grievance has been raised by the petitioner that the petitioner having been deprived two annual increments and having been not paid the special pay, which has been given to other employees of the Board.
Paragraph no.6 of the counter affidavit, filed by the Board, reads as follows:-
Patna High Court CWJC No.12741 of 2009 dt.23-02-2018 2/3
admissible to the petitioner as the same would have accrued on May 2005 but it was prior to that the petitioner had superannuated on 31.01.2005.”
From paragraph no.6, as quoted above, it appears that two annual increments, after the revocation of suspension, have been granted to the petitioner but, before the due date of May, 2005, the petitioner has been superannuated from service on 31.1.2005. So as per Board, two annual increments have been granted to the petitioner after revocation which the petitioner has disputed. The petitioner has further claimed that certain special pay, which has been paid to the other employees of the Board, has not been extended to him.
In view of the disputed question of fact with respect to grant of two annual increments after revocation of suspension, it will be advisable to the petitioner, he should file a representation before the Chairman, B.S.E.B. who will call for the record relating to the petitioner and pass a reasoned order with respect to grant of two annual increments as well as special pay. If the Chairman would find that the petitioner is entitled for the same, it goes without saying that the same should be extended to the petitioner.
If the petitioner files a fresh representation along with a copy of this order before the Chairman of the B.S.E.B., the same must
Patna High Court CWJC No.12741 of 2009 dt.23-02-2018 3/3
be disposed of within a period of three months from the date of filing of the representation.
With the aforementioned observation and direction, this writ application is disposed of.
(Shivaji Pandey, J)
rishi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 26.02.2018 |
| Transmission Date | NA |
1 issue framed by the court
Whether the petitioner is entitled to two annual increments and special pay after revocation of suspension.
Harihar Tiwary
Bihar School Examination Board
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
