This order dismisses the writ petition considering coverage by prior judgments (Suresh Ram and Minakshi cases) in connected SC/ST Welfare matters pending before this court, not attempting to adjudicate the specific relief sought in this instance.
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.9275 of 2022
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Pathak, Adv. For the Respondent/s : Mr. Prashant Pratap (GP 2) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
prayed as under :-
“1. That through the instant writ petition, the Petitioners pray for the following Relief(s) :-
(I) To issue an appropriate writ(s)/ order(s)/ direction(s) in the nature of Certiorari for quashing part of the order bearing memo No. 1856 dated 19.05.2022 issued under the signature of Director, SC & ST Welfare Department, whereunder despite confirming the grant of the grade pay
Patna High Court CWJC No.9275 of 2022(3) dt.04-02-2023 2/3
of 6600 pay band-3 (PB-3) under entry pay level 11, the actual benefits granted in terms of order No. 2069 dated 23.08.2018 under level 11C-4 have been with drawn and order of recovery has been issued against the petitioners.
(II) To declare and hold that the petitioners have been rightly allowed the PB-3 under grade pay 6600 under Pay level 11C-4 by the SC & ST Welfare Department under the order dated 23.08.2018 of the Director after obtaining the approval from the Finance Department.
(III) To issue an appropriate writ/order/direction in the nature of mandamus directing the respondent authorities not to proceed with the recovery against the petitioners in light of the order dated 19.05.2022.
(IV) To issue an appropriate writ/ order/ direction in the nature of Mandamus directing the Respondent not to give effect to the order dated 19.05.2022 and to continue to pay the salary to the petitioners without any deduction in consonance with order dated 23.08.2018.
(V) To any other relief(s) that the petitioner is entitled to in the facts and circumstances of the case.”
2. Considering it that this matter is covered by the
Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in
Patna High Court CWJC No.9275 of 2022(3) dt.04-02-2023 3/3
C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi &
Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.
(Sanjeev Prakash Sharma, J)
Sachin/-
Item No. 8
U
3 issues framed by the court
Whether pending writ petitions covered by prior judgments in SC/ST Welfare matters should proceed.
Whether the petitioners are entitled to relief regarding grade pay and salary deductions based on established precedents.
Whether the writ petitioners are entitled to quash the recovery order and continue salary payments.
Colour shows how this judgement treated each authority
Suresh Ram Vs. The State of Bihar & Ors.Followed¶28
C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.)
2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80Referred¶28
Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.Followed¶30
C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.)
Mukul Kumar
Ram Naresh Chaudhary
Sri Niwas Sharma
The State of Bihar
The Secretary, SC and ST Welfare Department, Government of Bihar
The Director, SC and ST Welfare, Government of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
