Jay Nandan Kumar vs The State Of Bihar
2022 Latest Caselaw 802 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3850 of 2021
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Jay Nandan Kumar son of Ram Ratan Prasad Sinha resident of mohalla-Ram Nagar, PS-Nawadah Town, District-Nawadah

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

2. The Secretary Rural Development Department, Government of Bihar, Patna.

3. The District Magistrate, Nawadah

4. The Deputy Development Commissioner-cum-Chief Executive Officer, District Rural Development Agency, Nawadah.

5. The Director, Accounts Administration and Self Employment, DRDA, Nawadah.

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

For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. Vikash Kumar, SC 11

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. Counsel for the petitioner is hereby directed to furnish

hard copy of the writ petition to the counsel for the

State/respondents.

4. In the instant petition, petitioner has prayed for the

following relief/reliefs:

Patna High Court CWJC No.3850 of 2021 dt.31-01-2022

"i) A writ in the nature of mandamus commanding and directing upon the Respondent concerned specially Respondent No. 4 to pay the differences of salary payable as per 7th pay revision w.e.f. 1.1.2016 in Level-4 revised pay scale in Pay Bank Rs. 5200-20200 (PB-1) with Grade Pay Rs. 2400 in view of Memo No.372452 dated 31.05.2018 issued from level of Rural Development Department of Respondent State till dated of retirement 31.7.2018 which has not been paid as yet.

ii) To pay the differences of contributory provident fund amount with upto-date interest calculating the interest applicable upon General Provident Fund in view of letter No.198161 dated 27.8.14 issued by Respondent Rural Development Department but the same has been paid after elapse of one year calculating the interest of Saving Bank Account contrary to Government decision.

iii) Any other order/orders, direction/directions, writ/writs for granting any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the case."

5. Short question for consideration is whether petitioner

is entitled to 7th Pay Commission benefits and consequential rates

of monetary benefits or not? In this regard, petitioner submitted

representation on 29.01.2019 and it is pending consideration

before the concerned authority, therefore, the concerned

authority/respondent is hereby directed to examine the petitioner's

grievance with reference to service particulars read with the

scheme of 7th Pay Commission. If the petitioner is otherwise

eligible for monetary benefits under 7th Pay Commission, the same

shall be disbursed with consequential monetary benefits within a

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

Patna High Court CWJC No.3850 of 2021 dt.31-01-2022

6. Accordingly, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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