The Patna High Court dismissed the appellant’s writ petition regarding erroneous pay band advertisement, holding it inappropriate to entertain the petition due to the appellant’s failure to provide instructions and without prejudice to rights to review.
Petition dismissed with liberty to file review application before the Tribunal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4605 of 2019
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Union of India : Mr. Kumar Priya Ranjan, C.G.C. For the Respondent/s :
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
the Union of India is that the advertisement did mention an incorrect pay band, but the pay structure at the time of offer of appointment to the respondent-petitioner was to be governed by the terms of appointment which
Patna High Court CWJC No.4605 of 2019(2) dt.08-03-2019 2/3
categorically provides for the pay structure as applicable to the employees of the same status in A.I.I.M.S., New Delhi or as may be decided by the competent authority on the terms and conditions mentioned in the advertisement.
From the impugned judgment, we find that the learned counsel for the Union of India appearing before the Tribunal stated that he had not received any instruction on behalf of the Government and that he has been advised that the respondent nos.3 and 4 were the concerned parties who would represent the case on behalf of the Government of India.
The Tribunal in paragraph-8 of the impugned judgment has observed that it was for the Government of India to have pointed out if there was any error in the advertisement and they having not done so adverse inferences were drawn and the application was allowed in favour of the respondent-petitioner.
Thus, for the mistake of the appellant, the present writ petition does not deserve to be entertained by us at this stage without prejudice to the rights of the petitioners to file an appropriate review application before the Tribunal itself.
Patna High Court CWJC No.4605 of 2019(2) dt.08-03-2019 3/3
Consequently, the petition is dismissed with
the said liberty at this stage.
(Amreshwar Pratap Sahi, CJ)
(Anjana Mishra, J)
PNM/Saif
U
1 issue framed by the court
Whether the writ petition deserves to be entertained given the mistake of the appellant not receiving instructions.
Union of India
Hansmukh Jain
Rathish Nair
Honourable the Chief Justice
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
