Nageshwar Prasad vs The State Of Bihar
2022 Latest Caselaw 358 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.293 of 2021
     ======================================================

1. Nageshwar Prasad S/o Late Dev Narayan Prasad Retired as Keyman - cum -

Chaukidar, PHED Division, Jehanabad, P.S. and District - Jehanabad.

2. Om Prakash Rajak S/o Late Somar Rajak working as Keyman - cum -

Chaukidar, PHED Division Jehanabad, P.S. and District- Jehanabad.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Engineer, PHED, Government of Bihar, Patna.

2. The Chief Engineer, PHED, Government of Bihar, Patna.

3. The Executive Engineer, PHED, Jehanabad, Division, Jehanabad, District-

Jehanabad.

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

For the Petitioner/s : Mr. Onkar Kumar, Advocate For the Respondent/s : Mr. Ajay Behari Sinha, GA 8 ====================================================== 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:-

                                          "For        issuance   of
                                appropriate      writ/direction for
                                              th        th
                                payment of 6 and 7 pay revised

scale with arrears of difference of consequential salary"

For issuance of writ of mandamus petitioner has to

establish legal/statutory remedy followed by demand before the Patna High Court CWJC No.293 of 2021 dt.12-01-2022

competent authority. In the absence of the aforesaid ingredients,

petitioner is not entitled to writ of mandamus.

Accordingly, writ petition stands dismissed reserving

liberty to the petitioner to approach the concerned respondent in

making detail representation/application along with any orders, if

any. Such representation shall be submitted within a period of

eight weeks from the date of receipt of this order. Concerned

authority is hereby directed to examine and redress the grievance

of the petitioner within a period of four months from the date of

receipt of such application or representation.

(P. B. Bajanthri, J)

Vikash/-

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