Shradha Nand Mishra vs The State Of Bihar
2022 Latest Caselaw 2940 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12820 of 2021
     ======================================================

1. Shradha Nand Mishra Son of Late Mahendra Mishra Resident of Village-

Baluan, P.S. Ara (Muffsil), District- Bhojpur (Ara) presently posted as Sheriestedor, Civil Court Buxar, presently resided at Civil Lines (Club) Ward No.18, P.S. Buxar (Town), District- Buxar.

2. Dhananjay Tiwari Son of Late Satya Narayan Tiwari Resident of Village and P.O.- Baraki Nainijor, P.S. Bhrahmpur, presently posted as Sheriestedor, Civil Court, Buxar.

3. Sheo Dhyan Ram Son of Sri Supan Ram Resident of Village- Koirpurwa, Ward No. 32, By Pass Road, Kali Mandir, P.S.- Buxar (Town), District- Buxar, Presently posted as Sheriestedor, Civil Court, Buxar.

4. Akhileshwar Singh Son of Late Ram Bachan Singh Resident of Village-

Ariyaon, P.S.- Krishna Brahm, District- Buxar, Presently posted as comparing Clerk, Civil Court, Buxar.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Law Department, Bihar, Patna.

2. The Assistant Secretary, Law Department, Bihar, Patna.

3. The Patna High Court, Patna through the Registrar General.

4. The Registrar General, Patna High Court, Patna.

5. The District Judge, Civil Court, Buxar.

6. The Judge, In-charge (Accounts), Buxar, Civil Court, Buxar.

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

For the Petitioner/s : Mr. Chandra Mohan Singh For the Respondent No. 3 to 6 : Mr. Satyabir Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-05-2022

Heard learned counsel for the respective parties.

In the instant petition, petitioners have prayed for

the following relief/reliefs:

"That, the writ petition is being filed

to quash and set aside the letter no. 6810 Patna High Court CWJC No.12820 of 2021 dt.18-05-2022

dated 15.12.2020 passed by the Assistant

Secretary, Law Department, Bihar, Patna

where under and whereby upgraded pay

scale of petitioners of PB-2-5400/- Level 9

reduced to pay scale of 4600/- level 7 and

vide order no.10 dated 24.05.2021 passed by

Screening Committee headed by the District

Judge Buxar where under and whereby the

order of deduction has been passed and

deduction by the petitioners salary have

been started from the month of May 2021."

On 09.05.2022 the following order was passed:

"Heard learned counsel for the

respective parties.

Learned counsel for the High Court

seeks time to verify that before impugned

action/order dated 24.05.2021, whether

petitioners have been provided opportunity

of hearing or not?

Re-list this case on 17.05.2022."

Today, Mr. Satyabir Bharti, learned counsel for

respondent nos. 3 to 6, on instruction, submitted that before Patna High Court CWJC No.12820 of 2021 dt.18-05-2022

passing of the impugned order dated 24.05.2021 petitioners

have not been heard in the matter.

Accordingly, the impugned orders dated

15.12.2020 and 24.05.2021 are set aside. If any amount is

deducted from petitioners, in that event, the same shall be

refunded within two months from today, reserving liberty to the

concerned respondents to initiate appropriate action in

accordance with law and complete proceedings within a period

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

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

AFR/NAFR                         NAFR
CAV DATE                          NA
Uploading Date                20.05.2022
Transmission Date                 NA