The Court disposed of a writ petition seeking payment of pension benefits for the petitioner's late husband under a pay scale never effectively drawn. The Court held that authorities discharged all liabilities by paying dues based on an alternative scale fixed in a Division Bench judgment.
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 Civil Writ Jurisdiction Case No.12872 of 2014
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Kaushalya Devi, W/o Late Bhagawati Prasad Singh, Resident of villageMahdah, P.S.- Buxar, District- Buxar
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate Mr. Rakesh Kumar, Advocate For the Respondent/s : Mr. Anant Prasad Singh, SC-15 ======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT
Date : 09-01-2020
Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court CWJC No.12872 of 2014 dt.09-01-2020 2/4
unrevised scale of Rs.2200-4000 for which the replacement scale is Rs.6500-10500 or Rs.2000-3800 for which replacement scale is Rs.5000-8000.
Patna High Court CWJC No.12872 of 2014 dt.09-01-2020 3/4
the Bihar Agriculture Graduate Service Association and others, of which the petitioner’s husband was also a member, and analogous cases, and pursuant thereto all the members of the Bihar Agriculture Graduate Service Association have been held entitled to pay scale of Rs.2000-3800 for which replacement scale is Rs.5000-8000, which was notified by the government on 04.07.2008.
Patna High Court CWJC No.12872 of 2014 dt.09-01-2020 4/4
benefits based thereon also having been paid, the Court finds that the authorities have discharged the onus by paying what was legally due to the employee.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR U T
3 issues framed by the court
Whether the petitioner's late husband, granted a pay scale never made effective due to non-drawing of salary, is entitled to benefits under that scale instead of the scale fixed and paid by authoritie
Whether the authorities have discharged their onus by paying retiral dues based on the scale fixed in the earlier Division Bench judgment.
Whether the writ application challenging a grant already made requires judicial interference when the earlier grant was the result of a Division Bench order.
Kaushalya Devi
The State of Bihar
The Director Agriculture, Govt. of Bihar
The Agriculture Production Commissioner
The Joint Agriculture Director (General)
The Project Executive Officer, Nokha, Rohtas
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
