The High Court of Patna dismissed a civil review petition wherein the petitioner challenged an order denying his claim for a pay band from his pre-absorption service with the Bihar State Construction Corporation. The court found no merit in the review plea.
The petition in Civil Review No.2 of 2018 was dismissed.
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 REVIEW No.2 of 2018 In
Letters Patent Appeal No.1357 of 2013
======================================================
Ishwar Chandra Sharma, son of Sri Krishna Sharma, resident of village Ahaladpur, P.O. Haridaspur, P.S. Kanti, District Muzaffarpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
: Ms. Anju Mishra, Advocate : Mr. Anil Kumar Verma, AC to AAG 9
For the Petitioner/s : For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 19-04-2023
Heard Ms. Anju Mishra, learned Advocate for the
petitioner and Mr. Anil Kumar Verma for the State.
The petitioner had claimed a pay band which he
was getting in the Bihar State Construction Corporation since 28.03.1977 even after absorption of his service in
the State Government.
Patna High Court C. REV. No.2 of 2018 dt.19-04-2023 2/2
The learned Single Judge as also the Division
Bench took note of the fact that even though the petitioner
stood absorbed in the State Government service after the Bihar State Construction Corporation was declared sick but for all practical purposes, the petitioner was granted fresh appointment by the State Government.
This fact has been clearly discussed in the learned Single Judge's order which has not been differed with by the Division Bench hearing the appeal against such order.
We find no reason to review the order dated 28.11.2017 passed by the Division Bench in LPA No.1357 of 2013.
There is no merit in this petition and thus the same is dismissed.
(Ashutosh Kumar, J)
(Harish Kumar, J)
krishna/shivank
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 21.04.2023 |
| Transmission Date | NA |
1 issue framed by the court
Whether the petitioner is entitled to a pay band granted during private sector service absorbed by the State Government.
Ishwar Chandra Sharma
The State of Bihar
The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna
The Principal Secretary, Department of Health, Govt. of Bihar, Patna
The District Magistrate, Muzaffarpur
The Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur
Ashutosh Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
