Nizamul Hasan vs The State Of Bihar
2022 Latest Caselaw 357 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10838 of 2020
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Nizamul Hasan Son of Late Zafar Hasan Resident of Village-Chak Abdul Ghani, P.S.-Samastipur (Muffasil), District-Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.

2. The High Court of Judicature at Patna through Registrar General

3. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Zeyaul Hoda, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 This matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 Pandemic.

In the instant petition, petitioner has prayed for the

following reliefs:-

"(i) For issuance of writ in the nature of mandamus directing the respondent no. 2 to give higher pay scale of Personal Assistant in the revised pay scale to the petitioner as per the recommendation of Shetthy Commission and pursuant to the order and direction of the Hon'ble Apex Court dated 16.03.2015 rendered in W.P.C. No. 1022 of 1989 and Civil Appeal No. 2943 of 2015/SLP (C) No. 737 of 2012."

(ii) For a direction to the respondents to give consequential benefits to the petitioner pursuant to the order and direction of the Hon'ble Apex Court of India.

Patna High Court CWJC No.10838 of 2020 dt.12-01-2022

(iii) For any other relief/reliefs as this Hon'ble Court deem fit and proper in the facts and circumstances of case."

The concerned respondent is hereby directed to redress

the grievance of the petitioner in passing order as to whether the

petitioner is entitled to higher pay scale of Personal Assistant post

in the revised pay scale in the light of recommendation of State

Commission or not read with Hon'ble Apex Court decision passed

in W.P.C. No. 1022 of 1989 and Civil Appeal No. 2943 of

2015/SLP (C) No. 737 of 2012 decided on 16.03.2015. The

aforesaid decision shall be taken in passing a speaking order and

communicate the same to the petitioner within a period of three

months from the date of receipt of this order.

With the aforesaid observations, the present writ petition

stands disposed off.

(P. B. Bajanthri, J) Vikash/-

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