In an employment dispute, the Patna High Court dismissed a writ petition challenging a decision to reject the petitioner's claim for regularization as a Sanitary Supervisor and payment of higher salary arrears.
None. The writ petition was dismissed, and the order rejecting the petitioner's regularization and salary claim was upheld.
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.19681 of 2011
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Sudarshan Prasd S/O Late Ram Sundar Ram R/O House No. 19, Road No. 16, Gardanibagh, P.S.- Gardanibagh, Distt.- Patna
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Rabindra Nath Singh, Advocate For the Respondent/s : Mr. Sanjay Prasad, AC to AAG 4 For Patna Municipal : Mr. Ranjeet Kumar Pandey, Advocate Corporation
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT
Date : 14-12-2023
Heard learned counsel for the petitioner, learned counsel appearing on behalf of Patna Municipal Corporation as well as learned counsel appearing on behalf of the State.
quashing the memo no. 3819 dated 19.09.2011 issued by respondent no. 3 whereby the respondent no. 3 has been pleased to reject the application of the petitioner dated 11.12.2010 which
Patna High Court CWJC No.19681 of 2011 dt.14-12-2023 2/5
was filed in pursuant to the direction of this Hon’ble Court dated 19.09.2011 passed in CWJC No. 4111 of 1997.
Patna High Court CWJC No.19681 of 2011 dt.14-12-2023 3/5
may be issued to the Corporation to pay the actual pay scale on the post of Sanitary Supervisor and all the consequential benefits to the petitioner.
Patna High Court CWJC No.19681 of 2011 dt.14-12-2023 4/5
that without following the due process and without Roster clearness the petitioner was posted to work as in-charge Tax Collector vide order dated 26.11.1997 but the petitioner was neither allowed to work permanently nor he was promoted in scale, he was only asked to work as in-charge for stop gap arrangement and thereafter, the petitioner has moved before this Hon’ble Court in CWJC No. 4111 of 1997 and pursuant to the order passed in the aforesaid writ petition the petitioner has filed a representation before the authority and authority has rejected the same which is challenged in the writ petition.
Patna High Court CWJC No.19681 of 2011 dt.14-12-2023 5/5
is not entitled to the arrears of salary on the post of Sanitary Supervisor because he was never appointed on the said post in question.
and the same is dismissed.
(Rajesh Kumar Verma, J)
Vanisha/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 18.12.2023 |
| Transmission Date | N/A |
3 issues framed by the court
Whether the petitioner is entitled to arrears of salary on the post of Sanitary Supervisor given he was never appointed to that post.
Whether the petitioner's claim for regularization on the post of Sanitary Supervisor succeeds.
Whether the municipal corporation's rejection of the petitioner's claim and payment of salary on higher post is lawful.
Sudarshan Prasd S/O Late Ram Sundar Ram
The State Of Bihar through the Principal Secretary, Department Of Urban Development
The Mayor, Patna Municipal Corporation
The Municipal Commissioner Patna Municipal Corporation
The Additional Municipal Commissioner Patna Municipal Corporation
The Executive Officer Nutan Rajdhani Anchal
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
