Patna High Court
Dinesh Kumar Singh vs The State Of Bihar And Ors on 15 January, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1391 of 2019
In
Civil Writ Jurisdiction Case No.561 of 2018
======================================================
1. The State Of Bihar through the Principal Secretary, Rural Works
Department, Bihar, Patna
2. The Secretary, Rural Works Department, Bihar, Patna.
3. The Chief Engineer (I), Rural Works Department, Bihar, Patna.
4. The Superintending Engineer, Rural Works Department, Work Circle, Gaya
Rural Works Department, Government of Bihar.
5. The Executive Engineer, Rural Works Department, Works Division,
Nawada.
... ... Appellant/s
Versus
Dinesh Kumar Singh S/o Late Ram Sharan Singh Resident of Village-
Nathanpura, P.o.- Kadirganj, P.s.- Nawada, Distt.- Nawada
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16246 of 2013
======================================================
Dinesh Kumar Singh S/O Late Ram Swaroop Singh Resident Of Village -
Mathanpura, P.S - Kadirganj, District - Nawadah
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Chief Engineer Rural Works Department Govt. Of Bihar, Patna
3. The Superintending Engineer Rural Works Department, Works Division,
Gaya
4. The Executive Engineer, Rural Works Department, Work Division, Nawadah
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 1391 of 2019)
For the Appellant/s : Mr .Prabhat Ranjan AC To GP 6
For the Respondent/s : Mr. Devendra Prasad Singh, Advocate
(In Civil Writ Jurisdiction Case No. 16246 of 2013)
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
Patna High Court L.P.A No.1391 of 2019 dt.15-01-2024
2/6
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 15-01-2024
Re: L.P.A. No. 1391 of 2019
The present L.P.A. is filed on behalf of the
State in assailing the order of the learned Single Judge
dated 21.08.2018 passed in C.W.J.C No. 561 of 2018.
2. Core issue involved in the preset lis is
whether Respondent - Dinesh Kumar Singh is entitled to
pay-scale attached to the post of Junior Accounts Clerk /
Class III post from 27.10.1997 till 26.08.2017 or not?
Initially, he was holding the post of class-IV. For want
of personnel in class-III category, Respondent - Dinesh
Kumar Singh was asked to discharge the duties of the
post of Junior Accounts Clerk / Class III Post with effect
from 27.10.1997 and it was discontinued on 26.08.2017.
3. Learned counsel for the appellant
submitted that Respondent - Dinesh Kumar Singh is in
the cadre of Class-IV and he was only placed on
incharge arrangement against the class - III post from
27.10.1997
to 26.08.2017. Therefore, he is not entitled
Patna High Court L.P.A No.1391 of 2019 dt.15-01-2024
to salary attached to the class-III post. To this extent
learned single Judge has committed error while passing
the order on 21.08.2018 in C.W.J.C. 561 of 2018. It is
also submitted that respondent has been extended charge
allowance in the light of Bihar Service Code.
4. Per contra learned counsel for the
respondent submitted that charge allowance has not
been paid, if it is disputed in that event respondent is
permitted to approach concerned authority by
submitting a detail representation. If such representation
is submitted the concerned authority shall examine
whether charge allowance has been paid from time to
time during the intervening period from 27.10.1997 to
26.08.2017, if it is not paid necessary calculation shall
be made and disbursed the same in favour of the
respondent within a period of three months from the
date of receipt of this order, failing which he is entitle
to interest at the rate of six per cent per annum.
However, we made it clear that Respondent - Dinesh
Kumar Singh is not entitled to pay-scale or any other
Patna High Court L.P.A No.1391 of 2019 dt.15-01-2024
service condition attached to the class-III post, since he
has not entered the cadre of class-III post in accordance
with the relevant rules of recruitment governing the
class-III post. In other words, he had lien over the class-
IV post for the purpose of service condition except
claim of charge allowance against higher post in the
light of relevant provision of the Bihar Service Code. To
this extent order of learned single Judge dated
21.08.2018 passed in C.W.J.C No. 561 of 2018 stands
modified.
5. L.P.A allowed in part.
1. In the instant petition petitioner has prayed
for the following relief(s):-
1. That the petitioner is invoking the
writ jurisdiction of this Hon'ble Court
for issuance of appropriate writ/writs,
order/orders, direction/directions
commanding upon the respondent
authorities for the following reliefs:-
i) For direction upon the respondent
authorities particularly respondent
no. 3 to grant promotion to the
petitioner on class III post in view of
his entitlement and direction issued by
Patna High Court L.P.A No.1391 of 2019 dt.15-01-2024
the Chief Engineer, Rural Works
Department govt. of Bihar, Patna
vide his letter no. 1246 dated
08.04.2013.
ii) For further direction upon
respondent no. 3 to act accordingly
after getting roaster clearance for the
post of Accounts Clerk and to place the
matter of the petitioner before the
departmental promotion committee
constituted in chairmanship of
divisional commissioner for grant of
promotion to the petitioner on the post
of Accounts Clerk in light of different
notifications issued by State of Bihar in
this regard.
iii) For any other relief or reliefs for
which the petitioner is found entitled in
the facts and circumstances of the case.
2. Core issue involved in the present lis is
whether petitioner is entitled to promotion to the Cadre
of Class-III post or not?
3. Even though, petitioner is eligible to be
promoted to the class-III post, he was not promoted
among others obviously for the reasons that there was
stay order of the Apex Court with reference to
reservation policy in some other matter.
4. Learned counsel for the Respondent -
State submitted that respondents have prepared a list of
Patna High Court L.P.A No.1391 of 2019 dt.15-01-2024
Class- IV employees to be promoted to the Class-III
post in which petitioner name is at serial no. 1.
Therefore, the concerned respondent - authority is
hereby directed to examine the date of eligibility of the
petitioner for promotion to Class-III post and promote
him if he is otherwise eligible and such action shall be
taken within three months from today. If he is entitle
from retrospective date in that event he be promoted
retrospectively, since on incharge basis he was holding
class - IV post for about two decades.
(P. B. Bajanthri, J)
( Ramesh Chand Malviya, J)
Mayank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.01.2024
Transmission Date NA
