Secretary, Human Resources Department v. Govt. of Bihar, Patna
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10072 of 2005 ====================================================== Kishori Nandan Jha S/o late Umesh Chandra Jha, R/o village- Sugia Katsari, P.O. - Sugia, P.S.- Sibhar, District- Sibhar, at present posted as Head Assistant-cum-Office Superintendent in the office of Bihar Sanskrit Shiksha Board, Patna East Boring Road, Patna .... .... Petitioner/s 1. The State of Bihar 2. The Commissioner-cum-Secretary, Human Resources Department, Versus Govt. of Bihar, Patna. 3. The Chairman, Bihar Sanskrit Shiksha Board, East Boring Road, Patna 4. The Secretary, Bihar Sanskrit Shiksha Board, East Boring Road, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s Mr. Purushottam Jha, Advocate For the Respondent Nos. 1 & 2: Mr. Rakesh Singh, AC to G. A.-1 For the Respondent Nos. 3 & 4: Dr. K.N. Singh, Sr. Advocate Dr. K.D. Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 9 22-04-2013
Legal Reasoning
Heard the parties. The petitioner has approached this Court under Article 226 of the Constitution of India seeking a direction to the respondent nos. 3 and 4 to pay him the prescribed pay scale with effect from 16.4.1993 of the post of Head Assistant-cum-Office Superintendent under the Bihar Sanskrit Shiksha Board, Patna (in short Board), as also for consequential reliefs. Learned counsel for the petitioner submits that the petitioner was initially appointed on 26.2.1982 on the post of Clerk by the competent authority of the respondent-Board on temporary basis, which was confirmed with effect from 1.4.1987 by a resolution of the Board, and since then he has been Patna High Court CWJC No.10072 of 2005 (9) dt.22-04-2013 2/5 discharging his duty on the said post to the best of his ability and to the satisfaction of all concerned. He further submits that in view of the vacancy caused on the post of Head Assistant-cum-Office
Legal Reasoning
Superintendent due to retirement of the incumbent one Sri Yamuna Prasad Singh on 31.1.1993, the petitioner was made Incharge Head Assistant-cum-Office Superintendent with effect from 16.4.1993 by an order of the competent authority of the Board. Accordingly, the respondent-Secretary vide his office order dated 6.7.1993 (Annexure-3/A) authorised the petitioner to discharge the duty on the post of Head Assistant-cum-Office Superintendent. It is the case of the petitioner that by an office order dated 22.6.1993 (Annexure-2), issued under the signature of the respondent-Secretary of the Board, sanction was granted for payment of an additional allowance of Rs. 400/- per month to the petitioner for discharging his duty on the said post. His grievance is that despite passage of almost 20 years he is not being paid the prescribed pay scale of the post of Head Assistant-cum-Office Superintendent, and he is being paid the pay scale of Assistant only. Learned Senior counsel appearing on behalf of the respondent nos. 3 and 4, by referring to the averments made in the counter affidavit filed on their behalf on 22.3.2013, has submitted that by the office order dated 7.12.2012 (Annexure-C to the Patna High Court CWJC No.10072 of 2005 (9) dt.22-04-2013 3/5 counter affidavit) issued under the signature of the Chairman of the Board decision was taken for payment of prescribed pay scale of Section Officer, on the pattern of Bihar School Examination Board, Patna to the petitioner, but subsequently, by office order dated 3.1.2013 (Annexure-D to the counter affidavit) the aforesaid order dated 7.12.2012 was stayed, and the matter was directed to be placed for consideration of the Board. It is contended by the learned Senior counsel appearing on behalf of the aforesaid respondents that the Board’s meeting has not taken place thereafter, and therefore, final decision has not been taken. However, he assures this Court that the meeting of the Board shall be held soon and final decision with respect to the grievances raised on behalf of the petitioner shall be taken and efforts shall be made to take approval of the State Government as well, so that the valid grievance of the petitioner is redressed. After having heard the parties and taking into consideration the materials available on record, this Court is of the opinion that with respect to the claims raised on behalf of the petitioner in the present proceeding a final decision must be taken in accordance with law at an earliest possible time by the respondent-authorities. In order to facilitate early decision in the matter, the petitioner is directed to file a detailed representation Patna High Court CWJC No.10072 of 2005 (9) dt.22-04-2013 4/5 with all supporting documents before the respondent no. 3, the Chairman of the Board, raising all the pleas, which have been raised in the present proceeding. If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with all supporting documents and a certified copy of the present order, then the respondent no. 3 and/or any other competent authority or the Board shall be obliged to consider and decide the claims of the petitioner in accordance with law by a reasoned and speaking order. If need be, the respondent no. 3 will ensure that a meeting of the Board is convened within a maximum period of two months from the date of filing of the representation by the petitioner. If the respondent-Board approves the claim of the petitioner for payment of prescribed pay scale for the post of the Head Assistant-cum-Office Superintendent and the matter is referred to the State Government for its approval, then the respondent no. 2 and/or any other competent authority of the State of Bihar shall take final decision with respect to the claims of the petitioner within a maximum period of two months thereafter, and consequential benefits, if any, shall be granted to the petitioner without any unnecessary delay. Entire exercise must be completed by the respondents within a maximum period of six months from the date of filing of Patna High Court CWJC No.10072 of 2005 (9) dt.22-04-2013 5/5 the representation by the petitioner. The present writ petition stands finally disposed of with the observations and directions made above. RPS/- (Birendra Prasad Verma, J)