Patna High Court
Arun Kumar Paswan vs The State Of Bihar Through ... on 28 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2948 of 2021
======================================================
Arun Kumar Paswan, Son of Tulsi Paswan, Resident of Village- Chamehra,
P.S.- Ekangarsarai, District- Nalanda (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Road Construction
Department, Government of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special
Secretary, Road Construction Department, Vishweshraiya Bhawan, Patna.
4. The Chief Engineer, National Highway, Public Works Department,
Vishweshraiya Bhawan, Patna.
5. The Executive Engineer, National Highway Division, Patna.
6. The Executive Engineer, National Highway Division, Gulzarbagh, Patna.
7. The Executive Engineer, National Highway Division, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lalan Kumar, Advocate
For the Respondent/s : Mr. Amit Prakash, GA-13
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 28-01-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
2. Learned counsel for the State accepts notice for the
respondents.
3. Heard learned counsel for the parties.
4. In the instant petition, the petitioner has prayed for the
following reliefs:
"(A) In the nature of 'mandamus' directing and
commanding the respondent authorities to fix the
Patna High Court CWJC No.2948 of 2021 dt.28-01-2022
salary of the petitioner as per 7th pay commission and
pay the entire due from 01-04-2016 to till date.
(B) In the nature of 'mandamus' directing and
commanding the respondent authorities to pay the
petitioner the arrears of salary for the period from 01-
10-2000 to 31-12-2012 treating the period of absence
shown in that period as leave availed when he was
under work charge establishment.
(C) In the nature of 'mandamus' to pay the petitioner
arrears of salary with the benefit of 1 st, 2nd and 3rd
ACP/MACP/ Time bound promotion (whichever is
applicable in the case of the petitioner) taking into
account his entire period of service as petitioner has
been placed in regular service.
(D) For any other relief/reliefs for which the petitioner
may be found entitled to."
5. In support of the aforesaid relief, the petitioner
submitted representations on 03.07.2019 (Annexure-8 Series) and
the same is pending consideration before the concerned
respondents.
6. Accordingly, the concerned respondent is hereby
directed to peruse the service record of the petitioner read with the
Scheme/Rules of 7th Pay Commission as to whether the benefit can
be extended to the petitioner or not. If the petitioner is otherwise
eligible in respect of extending the benefit of 7 th Pay Commission,
the same shall be extended while calculating the arrears of salary
from 01.04.2016.
Patna High Court CWJC No.2948 of 2021 dt.28-01-2022
7. The aforesaid material shall be examined by the
concerned respondent and proceed to pass speaking order.
8. If the petitioner is not otherwise eligible, in that event
detailed speaking order shall be passed within a period of three
months from the date of receipt of a copy of this order and
communicate the same to the petitioner.
9. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.02.2022
Transmission Date NA
