Laxman Prasad vs The State Of Bihar Through The ...
2022 Latest Caselaw 843 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4560 of 2021
     ======================================================

1. Laxman Prasad, S/o Late Mishri Rajak, R/o J.P. Lane, Jagat Narayan Road, P.O. and P.S.-Kadam Kuan, Patna, retired form the post of Peon in Bihar State Film Development and Finance Corporation Ltd., Morison Bhawan, Golghar, Patna.

2. Suraj Lal, S/o Late Dwarika Sao, R/o Golghar Chauraha, P.O.-GPO, P.S.-

Gandhi Maidan, Patna, presently working as Driver in Bihar State Film Development and Finance Corporation Ltd., Morison Bhawan, Golghar, Patna.

3. Ramu Mandal, S/o Late Lakhan Mandal, R/o Lalji Tola, P.O. and P.S.-

Kadam Kuan, Patna, working as Peon in Bihar State Film Development and Finance Corporation Ltd., Morison Bhawan, Golghar, Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Art, Culture and Youth Department, Government of Bihar, Patna.

2. The Principal Secretary, Art, Culture and Youth Department, Government of Bihar, Patna.

3. The Board of Directors, Bihar State Film Development and Finance Corporation, through the Director and Chairman, Bihar State Film Development and Finance Corporation, Morisson Building, Near Gol ghar, Patna-800001, Bihar, India.

4. The Director and Chairman, Bihar State Film Development and Finance Corporation, Morisson Building, Near Gol ghar, Patna-800001, Bihar, India- cum-Development Commissioner, Patna, Bihar.

5. The Managing Director, Bihar State Film Development and Finance Corporation, Morisson Building, Near Gol ghar, Patna-800001, Bihar, India- cum-Principal Secretary, Art, Culture and Youth Department, Government of Bihar, Patna.

6. The Director, Bihar State Film Development and Finance Corporation, Morisson Building, Near Gol ghar, Patna-800001, Bihar, India-cum- Principal Secretary, Finance Department, Government of Bihar, Patna.

7. The Director, Bihar State Film Development and Finance Corporation, Morisson Building, Near Gol ghar, Patna-800001, Bihar, India-cum- Secretary, Information and Public Relations Department, Government of Bihar, Patna.

8. The Director, Bihar State Film Development and Finance Corporation, Morisson Building, Near Gol ghar, Patna-800001, Bihar, India-cum- Secretary, Industries Department, Government of Bihar, Patna.

9. The Union of India through the Principal Secretary, Department of Public Enterprises, Government of India, Block No. 14, CGO Complex, New Delhi-110003.

10. The Principal Secretary, Department of Public Enterprises, Government of India, Block No. 14, CGO Complex, New Delhi-110003. Patna High Court CWJC No.4560 of 2021 dt.01-02-2022

11. The Principal Secretary, Department of Industries, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vagisha Pragya Vacaknavi For the Respondent/s : Mr. Awanish Nandan Sinha, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

In the instant petition, petitioners have unnecessarily

impleaded Respondent Nos. 1, 2, 9, 10 and 11 as parties. The

aforesaid respondents have no connection with the service conditions

of the petitioners. In other words, due to mis-joinder of parties,

petition should have been dismissed at threshold. However, having

regard to the fact that petitioners have attained age of superannuation

and retired from service the petition is entertained by imposing cost

of Rs. 5,000/-. The cost shall be deposited in the Patna High Court

Legal Services Committee within a period of one month. Petitioners'

grievance is relating to fixation of revised pay scale with reference to

5th, 6th and 7th Pay Commission Report. In this regard, petitioners

have submitted representation, vide Annexure- P/6 series dated

12.02.2020.

Therefore, 4th Respondent is hereby directed to examine

the petitioners' claim relating to entitlement of revision of pay-scale

with reference to 5th, 6th and 7th Pay Commission read with the Patna High Court CWJC No.4560 of 2021 dt.01-02-2022

service particulars of each of the petitioner and take a decision

whether petitioners are entitled to the aforesaid relief or not. If they

are entitled, the same shall be extended to them. If any of the

petitioner or all the petitioners are otherwise not eligible, in that

event a speaking order shall be passed and communicated the same to

the petitioners. The above exercise shall be completed within a

period of four months from the date of receipt of this order.

With the above observations, the instant petition stands

disposed of.

(P. B. Bajanthri, J)

rakhi/-

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