In a writ petition seeking arrears of revised fifth pay scale and 18% interest for a retired employee, the Court reserved liberty to file a detailed representation before the concerned authority for redressal within four months.
Liberty granted to file a detailed representation before the concerned authority for payment of dues within four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3146 of 2020
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Mozaffar Imam Khan, aged about 70 years, S/o Abdul Jabbar Khan, r/o mollChik Pati Lal Khan Masjid, P.S. Motihar Town, Dist. E. Champaran.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr.Dhannjay Kumar No. 2, Advocate. For the Respondents : Mr. Sanjay Prasad, Advocate.
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 23-06-2020 Due to COVID-19 Pandemic, the matter is being
taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For
Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsels for the parties.
The following relief has been sought for on behalf of
the petitioner in the present writ application.
“For issuance of appropriate writ/writs, order/orders and direction/directions to the respondents to pay revised scale/revised fifth pay scale arrears dues with 18% interest in light of Letter No. 3/M-2-5-19/99 711/V(2) which is not paid after ten years of retired after direction of government and department
Patna High Court CWJC No.3146 of 2020(2) dt.23-06-2020 2/2
direction.”
Learned counsel for the petitioner seeks liberty to file a fresh representation before the concerned authority for redressal of his grievance.
Considering the submission made on behalf of the petitioner, the petitioner is granted liberty to make/file a detailed representation before the concerned authority for redressal of his grievance, if any.
In case, any such representation is made/filed by the petitioner before the concerned authority, the concerned authority shall consider the representation of the petitioner and pass an appropriate order, in accordance with law, within a period of four months, from the date of making/filing of such representation.
The concerned authority shall be under obligation to make the payment of the admitted dues, if any, of the petitioner.
The present writ application stands disposed of with the aforesaid observation and direction.
(Sudhir Singh, J)
U.K./- U
2 issues framed by the court
Whether the petitioner is entitled to revised pay scale arrears with interest as a retired government employee.
Whether the Court should direct payment of admitted dues without a detailed representation.
Mozaffar Imam Khan
The State of Bihar through the Principal Secretary, Water Resources Department Govt. of Bihar, Patna
The Deputy Secretary, Command Area Development Authority, Water Resources Department Patna
The D.D.C. cum Chairman Gandak command Area Development Authority Muzaffarpur
The Superintendent Engineer I and II G.A.D.A. Muzaffarpur
The Executive Engineer Investigation and Planning Division Gandak C.A.D.A. Motihari
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
