Patna High Court
The State Of Bihar And Ors vs Harendra Prasad Singh on 1 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.177 of 2019
In
Civil Writ Jurisdiction Case No.17735 of 2010
======================================================
1. The State Of Bihar through the Commissioner-cum-Secretary, Minor
Irrigation Department, Government Of Bihar, Patna
2. The Co-ordinator-cum-Chief Engineer, Tube Well Project, Muzaffarpur.
3. The Finance Secretary, Finance Department, Government of Bihar, Old
Secretariat, Patna.
4. The Chief Engineer, North Nalkup Prabhag, Muzaffarpur Minor Water
Resources, Government of Bihar, Patna.
5. The Executive Engineer, Tube Well Division, Siwan.
... ... Appellant/s
Versus
Harendra Prasad Singh Late Janak Singh resident of Village- Dewapur, P.S.
Barauli, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manoj Kumar Sinha, AC to GA 9
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 01-08-2022
Heard learned counsels for the parties.
2. The State has filed this appeal. State is unable to apprise
this Court by giving dates and events properly, for example, in the
present case question for consideration is whether fixation of pay
of the respondent is in order or not?
3. Pursuant to Rules or order Department decided to extend
01.01.1996 revised pay, the respondent have been extended pay @
Patna High Court L.P.A No.177 of 2019 dt.01-08-2022
of Rs. 4,000 - 6,000/- and it was sought to be recovered in the
month of June, 2009 and further due to internal communication
grievance of the respondent was rejected on 19.04.2010. At the
same time, date of retirement of the petitioner is stated to be in the
month of February, 2009. The respondent Harendra Prasad Singh
was holder of the post of Electrician and it falls under Group C
category. Faced with these material information, we find that there
is no infirmity in the order of the learned Single Judge dated
20.06.2018 passed in C.W.J.C. No. 17735 of 2010. That apart
recently Apex Court in the case of Thomas Daniel vs. State of
Kerala and Others, 2022 LiveLaw (SC) 438 wherein it is held
that belated recovery is impermissible. In the light of Apex
Court's decisions in the case of The State of Punjab vs. Rafiq
Masih reported in 2015 (4) SCC 334 read with Thomas Daniel
vs. State of Kerala and Others, 2022 LiveLaw (SC) 438
appellants have not made out a case.
4. Accordingly, appeal stands dismissed.
5. At this stage, learned counsel for the appellant keep on
harping that the respondent was extended pay scale on
27.05.2006. Further, he has not apprised this Court as to whether
calculation of Rs. 4,73,000/- sought to be recovered in the absence
of determination of calculation and no material have been placed
Patna High Court L.P.A No.177 of 2019 dt.01-08-2022
on record so as to ascertain from 27.05.2006 to the year 2009, will
it be sum of Rs. 4,76,000/- in excess with reference to a Group C
employee or not? Therefore, appellant - State counsel is not in a
position to apprise this Court with the complete material
information. Accordingly, petition stands dismissed with cost of
Rs. 10,000/- (Rupees Ten Thousand). Cost shall be remitted in
Patna High Court Legal Services Committee, Patna High Court
for the reasons that appeal has been filed in the absence of
complete material information.
6. At this stage, learned counsel for the appellant - State
submitted that respondent has not disputed the excess amount
stated to have been paid to the respondent. At the same time, the
aforesaid issue cannot be apprised unless the appellant who has
preferred the appeal satisfy the Court with reference to further
complete material information. Accordingly, the aforesaid
contention of the appellant stands rejected.
(P. B. Bajanthri, J)
( Rajiv Roy, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 05.08.2022
Transmission Date
