Patna High Court
The State Of Bihar vs Sanjay Kumar Singh on 6 December, 2023
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1701 of 2018
In
Civil Writ Jurisdiction Case No.8678 of 2002
======================================================
1. The State of Bihar
2. The Commissioner and Secretary, Forest and Environment Department,
Govt. of Bihar, Sinchai Bhawan, Patna.
3. The Secretary, Personnel and Administrative Reforms Department, Govt. of
Bihar, Main Secretariat, Patna.
4. The Principal Chief Conservator of Forests, Bihar, Patna.
5. The Regional Chief Conservator of Forests, Patna.
6. The Mukhya Van Sangrakhak Vanya Prani, Pratipalak, Bihar, Patna.
7. The Regional Chief Conservator of Forests, Muzaffarpur, Muzaffarpur.
8. The Conservator of Forests, Purnia Prasar Anchal, Purnia
9. The Divisional Forests Officer, Prasar Vana Pramandal, Saharsa.
... ... Appellant/s
Versus
1. Sanjay Kumar Singh S/o Sri Janardan Pd. Singh Resident of village
Bhargama, Police Station- Bhargama, District- Araria
2. Raghunath Suthihar, S/o Late Nunulal Sutihar Resident of village Gangapur,
Police Station- Nauhatta, District- Saharsa.
3. Priti Lal Yadav, S/o Late Janak Yadav Resident of village Sripur Police
Station- Madhepura, District- Madhepura.
4. Bindeshwari Yadav, S/o Late Shibu Yadav Resident of Village- Arar, Police
Station- Gwalpara, Dist- Madhepura.
5. Siya Ram Mukhia, S/o Late Chathu Mukhia Resident of Village Nauhatta,
Police Station- Nauhatta, District- Saharsa.
6. Jaldhar Sharma, S/o Late Ghuran Sharma Resident of Village Tuniahi,
Police Station- Bihara, District- Saharsa.
7. Jagdish Ram, S/o Sri Makhru Ram Resident of village Dudha, Police
Station- Supaul, District- Supaul.
8. Lakshman Mistri, S/o Late Kalyan Dutt Mistri Resident of village Salha,
Police Station- Supaul, District- Supaul.
9. Kamleshwari Yadav, S/o Late Chandelal Yadav Resident of Village Baire,
Police Station- Supaul, District- Supaul.
10. Satya Narain Sharma, S/o Late Base Sharma Resident of Village Ithara,
Police Station- Saur Bazar District- Saharsa.
11. Mr. Sanjay Yadav Son of Late Khikhar Yadav at Phulkaha, P.O. and P.S.-
1. Gamhariya, Dist.- Madhepura.
11. Mr. Manjay Yadav Son of Late Khikhar Yadav at Phulkaha, P.O. and P.S.-
Patna High Court L.P.A No.1701 of 2018 dt.06-12-2023
2/5
2. Gamhariya, Dist.- Madhepura.
11. Mr. Ranjay Yadav Son of Late Khikhar Yadav at Phulkaha, P.O. and P.S.-
3. Gamhariya, Dist.- Madhepura.
11. Mis. Gita Kumari D/o of Late Khikhar Yadav at Phulkaha, P.O. and P.S.-
4. Gamhariya, Dist.- Madhepura.
12. Narain Yadav, S/o Late Dunilal Yadav Resident of Village Rahuan, Police
Station- Madhepur, District- Madhepura.
13. Mr. Shobhakant Mandal Son of Late Devnarayan Mandal at Tarha, Ward
1. no.- 4, Behri, Dist.- Madhepura.
14. Durga Pd. Yadav, S/o Late Gulten Yadav Resident of Village Phulkaha
Police Station- Gamharia, District- Madhepura.
15. Shivendra Rai, S/o Late Gopi Rai Resident of Village Karnpur, Police
Station- Supaul, District- Supaul.
16. Vikram Paswan, S/o Late Yogi Paswan Resident of Village Nemua, P.S.-
Police Station- Supaul, District- Supaul.
17. Vidya Nand Yadav, S/o Sri Gangi Yadav Resident of Village Asai, Police
Station- Nawhatta, District- Saharsa.
18. Mr. Manoj Yadav S/o Late Chandeshwari Yadav at Rahuwamani, Ward no.
1. 4, P.S.- Bangaon, Dist.- Saharsa.
18. Mr. Nishant Shekhar S/o Late Chandeshwari Yadav at Rahuwamani, Ward
2. no. 4, P.S.- Bangaon, Dist.- Saharsa.
18. Mrs. Sanju Devi D/o Late Chandeshwari Yadav at Khera, Ward no. 10, P.S.-
3. Saur Bazar, Dist.- Saharsa.
18. Mrs. Reena Kumari D/o Late Chandeshwari Yadav at Bishanpur, Ward no. 6,
4. P.S.- Sattarkatiya, Dist.- Saharsa.
19. Md. Islam, S/o Late Domi Yadav Resident of Village Saur Bazar, Police
Station- Saur Bazar, District- Saharsa.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 1693 of 2018
In
Civil Writ Jurisdiction Case No.7813 of 2012
======================================================
The State Of Bihar and Ors
... ... Appellant/s
Versus
Umesh Yadav and Ors
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 1701 of 2018)
For the Appellant/s : Mr. Sarvesh Kumar Singh, AAG 13
Mr. Rajat Kumar Tiwary, AC to AAG 13
Patna High Court L.P.A No.1701 of 2018 dt.06-12-2023
3/5
For the Respondent/s : Mr. Chandra Bhushan Verma, Advocate
(In Letters Patent Appeal No. 1693 of 2018)
For the Appellant/s : Mr. Sarvesh Kumar Singh, AAG 13
Mr. Rajat Kumar Tiwary, AC to AAG 13
For the Respondent/s : Mr. Rabi Bhushan Prasad No. 1, Advocate
Mr. Vijay Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 06-12-2023
The present LPAs are filed in questioning the order
dated 14.05.2018 passed in CWJC No. 8678 of 2002 along with
CWJC No. 7813 of 2012. The respondents are waiting for their
claim for almost more than one decade to the extent that are they
entitled to have the benefit of pay wages/salary minimum of time
scale at pay of IVth grade employees for the period the respondents
have worked. In this regard, learned Single Judge has passed the
following order:
"In such circumstances, this Court directs
the respondents to consider the case of the
petitioners and pay wages/salary minimum of time
scale at pay of IVth grade employees for the period
the petitioners would work, but for absence he will
not be paid any salary. It is also made clear that this
will not create right indefeasible right to the post but
this direction has been passed to protect the
petitioners from exploitative act of the department.
The petitioners will not be entitled to the
Patna High Court L.P.A No.1701 of 2018 dt.06-12-2023
wages/salary for past period. The petitioners will be
entitled for the salary/wages in minimum of time
scale for present and future engagement.
With the aforesaid observation and
direction this writ petition is disposed of."
2. The State has unnecessarily preferred LPAs instead of
passing a detailed speaking order with reference to the relevant
provisions of law read with the service particulars of each of the
respondents.
3. Further, grievance of the respondents are pending
consideration for more than one decade. Therefore, the present
LPAs are not maintainable. In all fairness, the concerned
appointing authority or the competent authority should have
passed a detailed speaking order in respect of respondents' claim.
Therefore, the concerned authority is hereby directed to pass a
detailed speaking order and communicate the same to the
respective respondents.
4. While doing so, the appointing authority/competent
authority is hereby directed to take note of Apex Court decision in
the case of State of Punjab vs. Jagjeet Singh, reported in (2017) 1
SCC 148 where the Apex Court has held that even ad hoc
employees are entitled to have the benefit of minimum wages
attached to a particular post/grade. The principle laid down in the
Patna High Court L.P.A No.1701 of 2018 dt.06-12-2023
aforementioned decision of the Apex Court be taken note of while
passing a detailed speaking order. Such order shall be passed
within a period of three months from the date of receipt of copy of
this order.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.12.2023
Transmission Date NA
