Disposed

Manoranjan Paswan v. The State of Bihar

Patna HC11 Feb 2022CWJC/7927/2021

Case brief

AI extract

What is this about?

Citizen filed a writ petition challenging an order reducing his pay scale. The court directed the respondent to pass a speaking order within three months regarding entitlement to pay scale restoration and interest, disposing the petition without final judgment on merits.

What did the court decide?

Direction to respondent to pass a speaking order within three months regarding entitlement to pay scale restoration and interest.

Manoranjan Paswan Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7927 of 2021

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Manoranjan Paswan son of late Deolagan Paswan at present posted as Assistant, Commissioner’s Office, Tirhut Division, Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, General Administration, Bihar, Patna.

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Commissioner, Tirhut Division, Muzaffarpur.

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Secretary, Department of Finance, Bihar, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Uma Kant Tiwary For the Respondent/s : Mr.Sheo Shankar Prasad (Sc8)

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT

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Date : 11-02-2022

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The matter is heard via video conferencing due to

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circumstances prevailing on account of the COVID-19 pandemic.

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State counsel accept notice for respondent nos. 1 to

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In the instant petition, petitioner has prayed for

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following reliefs:-

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“(i) An appropriate writ/ order/ direction, quashing the letter dated 07.08.2007, reducing the petitioner’s pay scale from Rs. 5,000-8000/- and placing him in lower pay scale of Rs. 4000-6000/- holding the same as illegal, arbitrary, be issued;

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(ii) An appropriate writ/ order/ direction, declaring the letter dated 07.08.2007 as illegal and ultra virus being in contravention

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Patna High Court CWJC No.7927 of 2021 dt.11-02-2022

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2/3

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of rules of natural justice, be issued;

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(iii) An appropriate writ/ order/ direction, commanding the respondents to restore the pay scale of Rs. 5000-8000/- as granted by letter dated 01.01.1996, be issued;

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(iv) An appropriate writ/ order/ direction, commanding the respondents to forbear from recovering any amount from the petitioner’s salary in terms of letter dated 07.08.2007, be issued;

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(v) An appropriate writ/ order/ direction, commanding the respondents to repay the amount recovered till date within a time frame, be issued; and

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(vi) Any other relief or reliefs to which the petitioner is found entitled to be granted.”

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In support of the aforesaid relief, petitioner has submitted representations on 07.08.2008 and 03.12.2020 (Annexure- 5 and 7 respectively). He has also relied on certain letters of the department but the concerned respondent has not acted on the petitioner’s representations either in accepting or rejecting.

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Therefore, the concerned respondent is hereby directed to pass speaking order as to whether petitioner is entitled to the pay scale from Rs. 5000/- to Rs. 8000/- in stead of Rs. 4000/- to Rs. 6000/- and consequential benefits, like restoration of pay-scale and other monetary benefits or not? In this regard, necessary order shall be passed. If petitioner is eligible, he is

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Patna High Court CWJC No.7927 of 2021 dt.11-02-2022 3/3

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entitled to interest @ 8% p.a. on all arrear amounts. Such interest shall be restricted to three years prior to filing of the present petition till payment is made. If petitioner is otherwise not eligible, in that event, necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of three months from the date of receipt of this order .

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With the above observations, the instant petition

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stands disposed of.

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(P. B. Bajanthri, J)

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rakhi/-

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AFR/NAFR
CAV DATE
Uploading Date	24.02.2022
Transmission Date

Manoranjan Paswan v. The State of Bihar

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Manoranjan Paswan v. The State of Bihar

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