Patna High Court
The State Of Bihar And Ors vs Bijendra Singh on 11 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1458 of 2017
In
Civil Writ Jurisdiction Case No.14444 of 2007
======================================================
1. The State Of Bihar.
2. The Secretary, Rural Development Department, Government of Bihar, Patna.
3. The Chairman cum District Magistrate, Aurangabad.
4. The D.D.C. cum C.E.O., DRDA Aurangabad.
5. The District Account Officer, Collectorate, Aurangabad.
6. The Accountant General, Bihar.
... ... Appellant/s
Versus
Bijendra Singh, Son of Sri Ram Lakshman Singh, at present Accountant in
the Office of the District Rural Development Authority, Aurangabad
Collectoriate, P.S. Town, District- Aurnangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s :
For the Respondent/s : Ms. Kumari Chandana, 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 : 11-01-2024
None appears on behalf of appellants.
2. Matter is of the year 2017.
3. The appellants have assailed the order of the learned
Single Judge dated 03.05.2017 passed in CWJC No. 14444 of
2007. Grievance of the respondent - Bijendra Singh is that he is
entitled to fixation of revised pay-scale at Rs. 5500 - 9000 /- with
Patna High Court L.P.A No.1458 of 2017 dt.11-01-2024
reference to existing scale of Rs. 1400 - 2600 in the light of 5 th
Pay Revision Commission's report.
4. The appellants' contention is that senior selection
grade awarded in favour of the respondent has not been approved
by the competent authority. On this issue, the learned Single Judge
has taken note of that there are no material to show that senior
selection grade awarded in favour of the respondent has not been
withdrawn, modified or cancelled. Further, it is contended that
appellants were required to get instruction from the Rural
Development Department for the purpose of approval of senior
selection grade. Even on this point, no material has been placed on
record to show that as and when concerned appellant who has
granted senior scale grade to the respondent, he has to obtain
necessary approval from the Rural Development Department.
5. The learned Single Judge has also taken note of that
there was no cancellation or alteration of granting senior selection
grade scale to the respondent in the revised scale of Rs. 1400 -
2600 which was corresponding pay scale of Rs. 5500 - 9000 /-in
the light of 5th Pay Revision Commission's report. Therefore,
appellants have not made out prima facie case so as to interfere
with the order of the learned Single Judge dated 03.05.2017 passed
in CWJC No. 14444 of 2007.
Patna High Court L.P.A No.1458 of 2017 dt.11-01-2024
6. Accordingly, we decline to interfere with the order of
the learned Single Judge. Hence, present LPA stands dismissed.
(P. B. Bajanthri, J)
(Ramesh Chand Malviya, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.01.2024
Transmission Date NA
