Citation : 2023 Latest Caselaw 5768 Patna
Judgement Date : 30 November, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2306 of 2020
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Devendra Kumar, son of Late Bajrangi Singh, resident of village and Post
Office- Kasma, Police Station- Parasbigha, Block- Ratnifaridpur, District-
Jehanabad, at present working on the post of Panchayat Secretary at
Modanganj Block, District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Finance,
Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar,
Patna.
3. The District Magistrate, Jehanabad.
4. The District Panchayat Officer, Jehanabad.
5. The District Accounts Officer, Jehanabad.
6. The Block Development Officer Modanganj, District- Jehanabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
Mr. Jitendra Kumar Roy, Advocate
For the Respondent/s : Mr. Dhirendra Kumar, AC to AAG-6
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 30-11-2023
Heard learned counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed for
quashing the order issued by District Magistrate, Jehanabad,
contained in Memo No.1139 dated 09.09.2019 by which the
claim of petitioner has been rejected for revision of his pay scale
in which demands for up gradation of scale of pay of Panchayat
Supervisor has been made.
3. Learned counsel for the State submits that Patna High Court CWJC No.2306 of 2020 dt.30-11-2023
petitioner has earlier moved before this Hon'ble Court in CWJC
No.2790 of 2019 which was disposed of on 20.02.2019.
Thereafter, the petitioner has filed M.J.C. No.1844 of 2019 in
which vide order dated 18.09.2019 his MJC was disposed of
with liberty to the petitioner to prefer fresh petition against the
aforesaid order passed by the District Magistrate, Jehanabad.
4. It transpires to this Court that the Government
of Bihar has framed a rule, namely, Bihar Government Servant
Grievance Redressal Rules, 2019, in which there are three
special remedies are available initially by way of filing
complaint challengeable before the appellate authority.
Methodology of hearing complaint has also been made
including matters relating to pay scale and others.
5. In this background, this writ petition is
disposed of directing the petitioner to avail his remedy under the
said Rule, namely, Bihar Government Servant Grievance
Redressal Rules, 2019.
(Dr. Anshuman, J) Mkr./-
AFR/NAFR NAFR CAV DATE NA Uploading Date 04.12.2023 Transmission Date NA
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