Petitioners challenged an office order reverting them to a lower pay scale. The court quashed the impugned order and directed respondents to allow the claim based on a prior judgment within six weeks.
Impugned office order set aside; respondents directed to allow claim and adjust pay/retired dues per prior order within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4032 of 2022
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Sharma For the Respondent/s : Mr. Lalit Kishore (AG) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2023 This writ application has been filed for following
reliefs:-
i. “For quashing/setting aside of the office order No. 64 contained in Memo No. 317 dated 27.09.2001 issued by the office of the Superintending Engineer, PH Circle, Chapra by which the petitioners have been reverted from the pay scale of Rs. 4000-100-6000 to the pay scale of Rs. 3050-75-3950-4590 (the scale of
Patna High Court CWJC No.4032 of 2022(2) dt.03-02-2023 2/3
Lower Division Clerk) and further direction has been issued to adjust the excess amount paid to the petitioners.
ii. For grant the pay-scale to the petitioners meant for the scale of junior accounts clerk i.e. payscale of Rs. 4000-6000/(unrevised) till 31.12.2005 and P.B. 1+2400 since 01.01.2006 in light of the letter No. 3111 (finance) dated 25.03.2015 of the Finance Department, Govt. of Bihar, Patna with all consequential benefits.
iii. For any other relief/ reliefs if petitioner found entitle in the facts and circumstances of the present case.”
It is submitted on behalf of the petitioner that case of the petitioner is squarely covered vide order passed in CWJC No. 12124 of 2011, annexed as Annexure-10 to this writ application.
Learned counsel for the State does not dispute the contention made on behalf of the petitioner.
In the aforesaid facts and circumstances, office order No. 64 contained in Memo No. 317 dated 27.09.2001, annexed as Annexure-8 to this writ application, is set aside and the
Patna High Court CWJC No.4032 of 2022(2) dt.03-02-2023 3/3
respondents are directed to consider the claim of the petitioner in the light of order passed in CWJC No. 12124 of 2011 (Annexure-10) within a period of six weeks from the date of production/receipt of a copy of this order and petitioner would be entitled to be paid on the basis of aforesaid order and retiral dues also to be calculated accordingly.
This writ petition is allowed.
(Prabhat Kumar Singh, J)
Navya/-
U
1 issue framed by the court
Whether the office order reverting petitioners to a lower pay scale should be quashed?
Colour shows how this judgement treated each authority
CWJC No. 12124 of 2011Relied on¶23
Upendra Kumar
Md. Mahfooz Alam
The State of Bihar
The Engineer - in - Chief - Cum - Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna
The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna
The Superintending Engineer, Public Health Circle, Chapra Circle
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
