Patna High Court
Md. Naushad vs The State Of Bihar on 24 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3207 of 2021
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1. Md. Naushad Son of- Late Md. Halim Resident of Village- Rasauli (S.K.
Tola), Police Station- Panapur, District- Chapra (Saran) at Present Address-
Mohalla- Hridyaganj (Koshi Colony) (Court Campus), Police Station-
Mirchaya Bari, District- Katihar.
2. Anil Kumar Singh Son of Late Janardan Singh Resident of Village- Khara,
Police Station- Udakishunganj, District- Madhepura at Present Address-
Mohalla- Koshi Colony Qr. No.- F-5, Police Station- Udakishunganj,
District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Bihar, Patna.
2. The Chief Engineer, Water Resources Department, Sichayi Srijan,
Government of Bihar, Saharsa.
3. The Superintending Engineer, Nahar, Anchal Purnea.
4. The Executive Engineer, Irrigation Division, Katihar.
5. The Executive Engineer, Irrigation Division, Murliganj, Purnia.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Mahasweta Chatterjee, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-4
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 24-11-2021
Heard the learned counsels for the parties.
In the instant petition, petitioners have sought for
following reliefs:
"(i) That an appropriate writ
may be issued quashing the Letter No.-557
dated 22.05.2020 as contained in
Annexure-11, issued under the signature of
Respondent No.-4, the Executive Engineer,
Irrigation Division Katihar by which he has
reduced the pay-scale of the petitioner no.-
1 to Rs. 4000/- to 6000/- from Rs. 5000/- to
Patna High Court CWJC No.3207 of 2021 dt.24-11-2021
8000/- which scale was granted after the
grant of 1st promoting under A.C.P. Scheme
to petitioner no. 1.
(ii) That an appropriate writ
may be issued quashing the Officer Order
No. 223 dated 12.03.20 as contained in
Annexure-13 issued under the signature of
the Executive Engineer, Irrigation Division,
Murliganj, the Respondent no.-5 by which
the pay scale of the petitioner no. 2 has
been reduced to Rs. 4000/- to 6000/- from
Rs. 5000/- to 8000/-.
(iii) That an appropriate writ
may be issued quashing the office order
vide letter no. 1065 dated-25.11.2020 as
contained in Annexure-12, issued by the
Executive Engineer, Irrigation Division,
Katihar, the Respondent no. 4 by which he
has directed to recover Rs. 21,373/- from
the salary of the petitioner no.-1 for the
month of November and also to recover Rs.
22,350/- per month in 39 installment from
the salary of the petitioner no.-1 due to
excess payment of total Rs. 8,93,023/-.
(iv) That an appropriate writ
may issued quashing the order vide memo
no.-132 dated 04.02.2017 as contained in
Annexure-15 issued by the Respondent no.-
2 by which he sanctioned the pay scale of
Rs. 4000/- to 6000/- to the Irrigation
Revenue Inspectors after granting
promotion under A.C.P. Scheme the extent
of the petitioners.
(v) That an appropriate writ may
be issued commanding upon the
Respondent authority to grant both the
petitioners second promotion under
Modified Assured Career Progration
Scheme (here in after referred as M.A.C.P.
Scheme) from year 2016 from the date they
have completed 20 years of service with
consequential benefit immediately.
(vi) Any other relief/reliefs for
which the petitioner is found entitled to."
Patna High Court CWJC No.3207 of 2021 dt.24-11-2021
Undisputedly, order of re-fixation of pay and recovery
is without notice to the petitioners. Accordingly, the impugned
orders are set aside reserving liberty to the respondents to
proceed to re-fix the pay of the petitioners after issuing show
cause notice and on receipt of petitioners' explanation. Speaking
order shall be passed while considering the contents of the
explanation to be submitted by the petitioner. The above
exercise shall be completed within a period of four months from
the date of receipt of copy of this order. In the meanwhile, if any
amount is recovered pursuant to impugned order of refixation of
pay, the same shall be refunded to the petitioners within a period
of two months from the date of receipt of this order.
With the above observations, the instant petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 29.11.2021
Transmission Date
