Patna High Court
Ajay Kumar Kashyap vs The State Of Bihar on 16 January, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1939 of 2022
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Ajay Kumar Kashyap son of Jagat Narayan Singh, Resident at Tourist
Complex, Hotel Siddharth Vihar, Near Bank of India, Bodh Gaya, P.O. and
P.S.-Bodh Gaya, District-Gaya, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Chairman, Bihar
State Tourism Development Corporation Ltd., Beer Chand Patel Marg,
Patna-1.
2. The Principal Secretary-cum-Chairman, Bihar State Tourism Development
Corporation Ltd., Beer Chand Patel Marg, Patna-1.
3. Bihar State Tourism Development Corporation Ltd., Beer Chand Patel Marg,
Patna-1 through its Managing Director.
4. Managing Director, Bihar State Tourism Development Corporation Ltd.,
Beer Chand Patel Marg, Patna-1.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raju Giri, Adv.
Mr. Harsh Vardhan, Adv.
For the State : Mr.Umesh Kumar Roy, AC to GP-11
For the Respondents No. 3 & 4 : Mr. Agreya Pratap, Adv.
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 16-01-2024
The present writ petition has been filed seeking the
following relief:-
"1. To issue an appropriate writ / order /
direction, in the nature of mandamus
commanding the respondents to grant regular
scale of pay to the petitioner treating his service
as regularized w.e.f. 20.02.2001 with all
Patna High Court CWJC No.1939 of 2022 dt.16-01-2024
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consequential benefits of class III employees of
the Bihar State Tourism Corporation Limited
(hereinafter referred to as the "Corporation") in
the manner it has been granted to one Jitendra
Kumar, Accounts Assistant pursuant to the
judgement and order dated 3.10.2007, passed in
LPA No. 6 of 1999, the appeal against which
preferred by the Corporation before the Hon'ble
Supreme Court has been dismissed."
2. At the outset, the learned counsel for the petitioner
submits that the earlier writ petition, filed by the petitioner for
the same and similar relief, i.e. CWJC No. 498 of 2001 was
disposed off by a coordinate Bench of this Court, vide order
dated 20.2.2001, with the following directions:-
"Accordingly, this writ is allowed. The
Respondent-Corporation is directed to consider
the case of the petitioner for regularization in the
light of the decision of the Apex Court in the case
of State of Haryana vs. Piara Sigh(supra). In any
view of the aforementioned, the petitioner is
entitled for minimum of the basic pay applicable
in the case of regular employee doing the same
nature of job. Accordingly, the Respondents are
directed to pay the minimum of the basic pay plus
dearness allowance to the petitioner."
3. The learned counsel for the petitioner has further
Patna High Court CWJC No.1939 of 2022 dt.16-01-2024
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submitted that the aforesaid order dated 20.2.2001 was
challenged by the Respondent-Bihar State Tourism
Development Corporation (hereinafter referred to as the
'Corporation') by filing an appeal bearing LPA No. 772 of 2001,
which though was dismissed by an order dated 23.4.2002,
however, it was directed that the case of the petitioner shall be
governed by the final decision taken in LPA No. 6 of 1999 (The
Bihar State Tourism Development Corporation vs. Jitendra
Kumar & Others). The aforesaid appeal bearing LPA No. 6 of
1999 was finally heard by the learned Division Bench of this
Court and dismissed by a judgment dated 3.10.2007, however,
with the following directions:-
"In these circumstances, we find that there is no
scope of interference with the judgment and
order under appeal and accordingly, while we
dismiss the appeal, recall the interim order
passed by this Court on 21st December. 1999 and
accordingly, we make it clear that with effect
from the date of Judgment and order under
appeal. i.e. with effect from 18th November,
1998, after having had served for 10 years, the
writ petitioner-respondent became entitled to
regular scale of pay attached to Class-III
employees of the appellant Corporation."
4. In view of the aforesaid, it is submitted by the learned
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counsel for the petitioner that the petitioner is entitled to regular
scale of pay attached to Class-III employees of the Respondent-
Corporation, thus, directions be issued to the said effect.
5. Having regard to the facts and circumstances of the case
and considering the fact that since the learned Division Bench of
this Court in the case of the petitioner, by the aforesaid
judgment dated 23.4.2002, had directed that the case of the
petitioner would be governed by the decision taken in LPA No.
6 of 1999, which has been decided vide judgment dated
3.10.2007
, in the aforesaid terms, as also has been affirmed by
dismissal of the special leave petition, filed by the Respondent-
Corporation, I deem it fit and proper to direct the Respondent-
Corporation to grant regular scale of pay attached to Class-III
employees of the Respondent-Corporation, in case the petitioner
has not already been granted the said scale and is eligible for the
same.
6. Accordingly, the present writ petition stands disposed off
on the aforesaid terms.
(Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.1.2024
Transmission Date NA
