Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7254 of 2007 ====================================================== Kripa Nand son of resident of mohalla late Jag Dayal Ram, Bishnupuri(Chitkohra), P.S. Gardanibagh, District Patna, .... .... Petitioner Versus 1. The State Of Bihar Through The Finance Secretary, Government Of Bihar, Patna 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna 3. The Director, Department Of Agriculture , Bihar, Patna 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. - Jakkanpur, District - Patna 5. The Comapany Secretary, Bihar Raj Beej Nigam Limited, Meetapur Fram, P.S. - Jakkanpur, District - Patna .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.8287 of 2007 ====================================================== Pramod Kumar Sinha son of late Dr. Kamta Prasad Sinha, resident of Srinath Nagar, Ashiyana Nagar, P.S. Shastri Nagar, District Patna, .... .... Petitioner Versus 1. The State Of Bihar Through The Finance Secretary, Government Of Bihar, Patna 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna 3. The Director, Department Of Agriculture , Bihar, Patna 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. - Jakkanpur, District - Patna 5. The Comapany Secretary, Bihar Raj Beej Nigam Limited, Meetapur Fram, P.S. - Jakkanpur, District - Patna .... .... .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.20827 of 2013 ====================================================== Subash Ranjan Singh son of late Sri Nath Singh, resident of village Dihra, P.S. Kudra, District Kaimur, .... .... Petitioner Versus 1. The State Of Bihar Through The Finance Secretary, Government Of Bihar, Patna 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna –cum- Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District Patna, 3. The Director, Department Of Agriculture , Bihar, Patna Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 2 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. - Jakkanpur, District - Patna 5. The Comapany Secretary, Bihar Raj Beej Nigam Limited, Meetapur Fram, P.S. - Jakkanpur, District - Patna .... ....
Legal Reasoning
.... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.20831 of 2013 ====================================================== Bina Rani Chattargee wife of Sri Parmod Kumar Sinha, resident of mohalla- 26, Sirnath Nagar, P.S. Rajiv Nagar, District Patna, .... .... Petitioner Versus 1. The State Of Bihar Through The Finance Secretary, Government Of Bihar, Patna 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna –cum- Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District Patna, 3. The Director, Department Of Agriculture , Bihar, Patna 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. - Jakkanpur, District - Patna 5. The Comapany Secretary, Bihar Raj Beej Nigam Limited, Meetapur Fram, P.S. - Jakkanpur, District - Patna .... .... .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.20931 of 2013 ====================================================== Haridwar Singh S/O Late Dharmeshwar Singh Resident Of Village- Lilapur, P.S. Bhaua, District- Kaimur .... .... Petitioner Versus 1. The State Of Bihar, Through The Finance Secretary, Government Of Bihar, Patna. 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S.-Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm P.S. Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District- Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.21003 of 2013 ====================================================== Parmanand Singh son of late Rameshwar Prasad Singh, resident of At Mahadeo Math, P.S. Salkhua, District Saharsa Versus .... .... Petitioner Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 3 1. The State Of Bihar, Through The Finance Secretary, Government Of Bihar, Patna. 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S.-Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm P.S. Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District- Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.21128 of 2013 ====================================================== Rudra Kant Mishra son of late Jai Nath Mishra, resident of village Tatuar, P.S. Manigachi, District Darbhanga, .... .... Petitioner Versus 1. The State Of Bihar, Through The Finance Secretary, Government Of Bihar, Patna. 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S.-Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm P.S. Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District- Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.21385 of 2013 ====================================================== Dr. Noorul Ahad S/O Late Tauheed Hassan Resident Of Village - Reorha, P.S. - Jale, District - Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar Through The Finance Secretary, Government Of Bihar, Patna 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. - Jakkanpur, District - Patna 3. The Director, Department Of Agriculture , Bihar, Patna 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. - Jakkanpur, District - Patna 5. The Comapany Secretary, Bihar Raj Beej Nigam Limited, Meetapur Fram, P.S. - Jakkanpur, District - Patna .... .... Respondent/s ====================================================== Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 4 with Civil Writ Jurisdiction Case No.21430 of 2013 ====================================================== Ashok Kumar Verma son of late Baleshwar Prasad Verma, resident of mohalla-3A/7, Keshri Nagar, P.S. Patliputra, District Patna, .... .... Petitioner Versus 1. The State Of Bihar, Through The Finance Secretary, Government Of Bihar, Patna 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S.-Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm P.S. Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District- Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.21523 of 2013 ====================================================== Ram Prit Prasad son of late Gajadhar Matho, resident of village Girnama, P.S. Chandi, District Nalanda, .... .... Petitioner Versus 1. The State Of Bihar, Through The Finance Secretary, Government Of Bihar, Patna. 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S.-Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm P.S. Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District- Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.21561 of 2013 ====================================================== Jyotendra Kumar Jha S/O Late Dr. Suresh Chandra Jha Resident Of Mohalla- Khawaja Sarai, P.S- Laheriasarai, District- Muzaffarpur. .... .... Petitioner Versus 1. The State Of Bihar Through The Finance Secretary, Government Of Bihar, Patna. 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S- Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 5 4. The Managing Director, Bihar Raj Nigam Limited, Meetapur Farm, P.S- Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Nigam Limited, Meetapur Farm, P.S- Jakkanpur, District- Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.21604 of 2013 ====================================================== Haridarshan Prasad son of late Ram Narayan Prasad, resident of mohalla Pirthvipur (Cheraiyatar), P.S. Jakkanpur, District Patna, .... .... Petitioner Versus 1. The State Of Bihar, Through The Finance Secretary, Government Of Bihar, Patna. 2. The Agriculture Production Commissioner, Department Of Agriculture, Bihar, Patna Cum Chairman, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S.-Jakkanpur, District- Patna. 3. The Director, Department Of Agriculture, Bihar, Patna. 4. The Managing Director, Bihar Raj Beej Nigam Limited, Meetapur Farm P.S. Jakkanpur, District- Patna. 5. The Company Secretary, Bihar Raj Beej Nigam Limited, Meetapur Farm, P.S. Jakkanpur, District- Patna. .... .... Respondents ====================================================== Appearance : For the Petitioners: M/s Shaishav Kumar and For the State: Sunil Kumar Singh, Advocates Mr. Iqbal Asif Niazi, AC to GP 4 Mr. Dilip Kumar, AC to GA 2 Mr. Ram Shankar Prasad, AC to GP VII, Mr. Manoj Kumar, AC to GP 3 Mr. B.K. Singh, AC to GP 5 AC to GP 2 Ms. Divya Verma, AC to AAG 3 For the Bihar Rajya Beej Nigam: M/s Sourendra Pandey and Nalin Vilochan Tiwary, Advocates ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10 06-12-2013 I have heard learned counsel the petitioners, the State of Bihar and the respondent nos. 5 and 5. The petitioners have filed these writ applications, inter alia, Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 6 for grant of the following reliefs:- (i) For issuance of a writ of Certiorari for quashing the letter no. 01M.D.Cell dated 29.03.2007 and letter no. 27/95-438 dated 12.04.2007 by which the respondents have directed to lower down the Pay scale of the petitioners with a direction to recover the amount which was paid to the petitioners on the higher pay scale and further directed the petitioners to enter into an agreement with the respondents for not claiming the arrears of salary due to the petitioners from June 1991. (ii) The petitioners pray for issuance of a writ of Mandamus commanding the respondents to give Pay scale and benefit of said scale, as the respondents are giving the same to the junior to the petitioners like Jagdish Kumar. (iii) The petitioners also pray for the issuance of an appropriate writ for commanding the respondents to make payment of the arrears of Salary due to the petitioners from June 1991 till date. (iv) The petitioners also pray that during the pendency of the present writ application the operation of letter no. 01M.D.Cell dated 29.03.2007 and letter no. 27/95-438 dated 12.04.2007 may remain stayed. (v) The petitioners further pray for any other relief/reliefs, order/orders, direction/directions in the facts and circumstances of the case. It is submitted on behalf of the petitioners that they were initially appointed as Steno-typists in the scale of Rs. 400-13-465- EB-15-630 in the year 1981 and in the year 1982 the post of steno- typist on the same scale pay scale. Thereafter, in light of the Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 7 report of the 4th Pay Commission, the scale was revised from Rs. 400-630 to Rs. 785-1210. It is further submitted that the respondents again advertised for the post of Personal Assistant in pay scale of Rs. 785-25-1135-EB-25-1210 and one Sri Jagdish Kumar was appointed on the same post on the aforesaid scale. However, it is submitted that the petitioners are not getting the pay equivalent to the aforesaid Jagdish Kumar as he is getting the pay scale of Rs. 1640-2900, whereas the petitioners are not getting the same. Subsequently, vide Annexure 11 dated 29.03.2007 appended in C.W.J.C. No. 7254 of 2007, the basic scale which was given for the first time to the petitioners has been reduced to Rs. 400-630, i.e., the scale which was being given to them earlier. Further order has been passed that, since that scale was given by mistake, recovery is to be made from the petitioners of the excess amount which was paid to them. Learned counsel for the petitioners also submit that the enhanced scale, which has been lowered down, should be restored back and, thus, there would be no question of recovery. Secondly, it is contended that all the petitioners who are working as Personal Assistants should be given parity of scale that is being given to the aforesaid Jagdish Kumar. A counter affidavit has been filed on behalf of the Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 8 respondent-Bihar Raj Beej Nigam Limited, stating therein that the petitioners were wrongly given the scale of Rs. 400-630 as they were appointed as Steno-typists and the permissible scale of pay of the Steno-typists was Rs. 296-460. Thus, there has been rectification of the said mistake only. However, on instruction, learned counsel for the respondents submits that there would be no recovery of the excess amount already paid to the petitioners on that account as most of the petitioners have retired except a few who are still in service. In view of the aforesaid fact, learned counsel for the petitioners could not point out that the scale of the steno-typists was actually Rs. 400-630 and not Rs. 296-460 which has been stated in Annexure 11 in C.W.J.C. No.7254 of 2007 as well as in the counter affidavit filed on behalf of the respondents. In my considered opinion, such rectification can be done at any point of time by the respondents. So far the recovery part is concerned, the respondents have already taken a stand that there would be no recovery of the excess amount paid the petitioners as it was not paid to them due to any fraud or misrepresentation on their part. So far the parity of scale with the aforesaid Jagdish Kumar is concerned, the petitioners have not brought on record the order by which they have been promoted as Personal Assistants as per Patna High Court CWJC No.7254 of 2007 (10) dt.06-12-2013 9 their claim. However, the order passed in case of one Ram Prit Prasad has been produced on behalf of the respondents –Seeds Corporation which shows that only the nomenclature of the post of the Steno-typist was changed to “Personal Assistant to the Managing Director”. The order clearly speaks that due to change in the name of the post no monetary benefit would accrue upon him. It is not the case of the petitioners that different orders were passed with regard to other petitioners as it is admitted case that the cases of all the petitioners are on identical footing. In above view of the matter, in my considered opinion, the petitioners cannot seek parity of the pay scale with the Personal Assistant who was directly appointed in the pay scale of Rs. 785- 1210. With the aforesaid findings, all the writ applications stand