Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18529 of 2010 ====================================================== Manoj Kumar S/O Sri Gauri Shankar Prasad, New Area, Patalpuri, Nawada, P.S.- Nawada, in the district of Nawada, Presenty posted as - Executive Engineer (Mech.), Workship Mechanical Division, Road Construction Department, Khagaria, P.S.- Khagaria, in the district of Khagaria. 1. The State of Bihar through the Secretary, Versus .... .... Petitioner Road Construction Department, Govt. Of Bihar, Patna. 2. The Secretary, Road Construction Department, Government of Bihar, Patna. 3. The Joint Secretary, Road Construction Department, Government of Bihar, Patna 4. The Engineer-In-Chief - Cum - Special Secretary, Government of Bihar, Patna. 5. The Chief Engineer (Mechanical), Mechanical Wing, Road Construction Department, Government of Bihar, Patna. 6. The Secretary, Department of Finance, Government of Bihar, Patna. 7. The Assistant Secretary (Personal Claim Cell) Department of Finance, Govt. of Bihar, Patna. 8. The Accountant General, Bihar, Patna.
Decision
.... .... Respondents ====================================================== For the Petitioner : Mr. Deepak Kumar, Advocate. For the Respondent : Mr.Ujjwal Kr. Sinha, AC to AAG-XI Mrs. Nivedita Nirvikar, Advocate. ====================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 2 19-03-2013 Heard learned counsel for the petitioner and learned counsel for the respondent-State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for directing the authorities to issue revised pay slip of the petitioner after proper pay fixation with effect from 01.01.2006 as Assistant Engineer in P.B.3 (Rs.15,600-39,100) with the grade Patna High Court CWJC No.18529 of 2010 (2) dt.19-03-2013 2 pay of Rs.54,00/- and as Executive Engineer with effect from 30.09.2008 in P.B.3 (Rs.15,600-39,100) with the grade pay of Rs.66,00/-. 3. Learned counsel for the petitioner submits that on the recommendation of Bihar Public Service Commission the petitioner was appointed by the Road Construction Department, Government of Bihar, Patna as Assistant Engineer (Mechanical) vide notification dated 07.05.1997 in the pay scale of Rs.2200- 4000 with effect from the date of joining and subsequently he was posted at Mechanical Sub-Division, Road Construction Department, Saharsa where he joined on 01.07.1997. Subsequently the petitioner was promoted to the post of Executive Engineer, benefits thereof were made payable from the date of his actual joining on the post and hence he submitted his joining on the post on 06.08.2008 and subsequently vide order dated 26.09.2008 the petitioner was authorized to work as In-charge Executive Engineer (Mechanical) in Khagaria Sub- Division in addition to his own work. The said notification stipulated that the order would stand cancelled as soon as a regular posting of an Executive Engineer was made. The petitioner assumed charge of Executive Engineer (Mechanical) and the charge report was received by the Chief Engineer Patna High Court CWJC No.18529 of 2010 (2) dt.19-03-2013 3 (Mechanical), Road Construction Department, Government of Bihar, Patna on 05.10.2008. Thereafter vide memo dated 15.10.2009 issued by the Joint Secretary, Road Construction Department the regular posting of petitioner on the post of Executive Engineer was made at work shop (Mechanical), Road Construction Department, Khagaria with effect from the date of taking over of charge. Thus the petitioner’s posting at Khagaria on 30.09.2008 was regularized on 15.10.2009, whereafter the petitioner wrote to the department for issuance of his pay slip with effect from 30.09.2008 as Executive Engineer along with relevant documents and subsequently vide memo dated 27.10.2009 to pay fixation of the petitioner as Executive Engineer as on 30.09.2008 was made in unrevised pay scale in spite of revision of pay having already made and hence the petitioner again represented before the authorities of the department for fixation of his pay, but the fixation made was improper and hence he filed representations before the authorities concerned, which remained unheeded and unreplied. Hence he had no option but to approach this court finally by way of filing this writ petition. 4. On the other hand, learned counsel for the respondents vehemently opposes the contentions of learned Patna High Court CWJC No.18529 of 2010 (2) dt.19-03-2013 4 counsel for the petitioner and submits that the petitioner along with two other Assistant Engineers (Mechanical) were promoted to the rank of Executive Engineer (Mechanical) vide notification no.10346 (s) dated 05.08.2008, however the proposal moved for their posting took time in getting approved by the government. Ultimately in pursuance of the above promotion order they could be promoted on 15.10.2009 and the petitioner was posted on the vacant post of Executive Engineer (Mechanical), Khagaria vide notification no.11559 (s) dated 15.10.2009. 5. Learned counsel for the respondents states that the post of Executive Engineer (Mechanical), Khagaria was lying vacant since 01.06.2008 after the retirement of Sri Raghunath Paswan, Executive Engineer (Mechanical), Mechanical Division Khagaria and the Chief Engineer, Mechanical Wing, requested the then Principal Secretary to authorize the petitioner, who was then posted as Assistant Engineer (Mechanical), Saharsa to discharge the duties of Executive Engineer (Mechanical), Khagaria as well as in addition to his own work. He further states that the said proposal was approved allowing the petitioner to work as Executive Engineer (Mechanical), Khagaria vide office order no.201 dated 26.09.2008 and circulated vide memo no.12586 (s) dated 26.09.2008, which was Patna High Court CWJC No.18529 of 2010 (2) dt.19-03-2013 5 a temporary arrangement on officiating basis. He asserts that the petitioner was also entrusted with financial powers under Rule 148 of the Bihar Treasury Code vol-1, so that the office staff may not face the problem of non-payment of salaries and the concerned order also mentioned that the same would loose force as soon as a regular posting was made. 6. Learned counsel for the respondents argues that in the said circumstances the petitioner ought to have joined afresh pursuant to the notification of regular posting. It is further argued that the department has not taken any decision as to whether the petitioner would be deemed to have joined as a regular incumbent from the date he took over charge on the basis of order dated 26.09.2008 or from the date of his actual posting vide order dated 15.10.2009. 7. Considering the aforesaid facts and circumstances and the specific claims raised by learned counsel for the parties as mentioned above, it is quite apparent that the petitioner had already moved before Under Secretary of the Department of Finance, Government of Bihar but no step had been taken in that regard, whereas it is specific case of the respondents that the department has not taken decision as to whether the petitioner would be deemed to have joined as a regular incumbent from the Patna High Court CWJC No.18529 of 2010 (2) dt.19-03-2013 6 date he took over charge on the basis of order dated 26.09.2008 or from the date of his actual posting vide order dated 15.10.2009. This question has to be decided by the authorities concerned themselves. 8. In the said circumstances, petitioner is directed to approach the Secretary, Road Construction Department, Government of Bihar (respondent no.2) by way of filing a detailed application of his claims along with a copy of earlier application filed before the Under Secretary and a copy of this order, whereafter the said authority shall consider the claim of petitioner in accordance with law and shall decide it by a speaking order within three months thereafter. If the claim of petitioner is found legal and proper, all the relevant benefits should be given to the petitioner immediately thereafter. (S.N. Hussain, J) Harish/-