IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2116 of 2010
1. BRIJNANDAN PRASAD S/O BAIDHNATH PRASAD R/O VILL NURA
(NAWKA TOLA),SANSARAIYA,P.O.DHUMNAGAR,VIA-
BELABAGH,DISTT-WEST CHAMPARAN
Versus
1. THE STATE OF BIHAR
2. THE SECRETARY CUM COMMISSIONER,BUILDING CONSTRUCTION
DEPARTMENT BIHAR,PATNA
3. THE DEPUTY SECRETARY,BUILDING CONSRUCTION DEPARTMENT
BIHAR,PATNA
4. THE CHIEF ENGINEER ,BUILDING CONSTRUCTION DEPARTMENT
BIHAR,PATNA
5. THE SUPERINTENDING ENGINEER ,BUILDING CIRCLE MOTIHARI
6. THE EXECUTIVE ENGINEER ,BUILDING CONSTRUCTION &AWAS
DIVISION (BUILDING) BETTIAH
7. THE SECRETARY DEPARTMENT OF FINANCE BIHAR,PATNA
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2. 12.8.2010 Heard learned counsel for the petitioner and
the State.
It is submitted that the petitioner and one
Arun Kumar were initially appointed on the post of
Electrician. They were regularized on 26.11.1981 in the
pay scale of Rs. 180-242/-. From 31.12.1981, the
Finance Department revised the pay scale of Electrician
as Rs. 220-315/-. Both the petitioner and Arun Kumar
filed application in 1995 separately for the revised pay
scale. It was allowed to Arun Kumar on 21.9.1995, while
the petitioner’s application remains pending.
Counsel for the State urges delay in the
petitioner moving for relief.
Issues of delay are irrelevant where
constitutional rights are concerned. If the petitioner has
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been subjected to hostile discrimination vis-à-vis Arun
Kumar similarly situated, it was the obligation of the
respondents to pay him the enhanced pay scale.
It appears from the Letter No. 140 dated
26.9.2006 that the factual assertions of the petitioner
have been found to be prima facie correct by the
Executive Engineer, Building Construction Division,
Bettiah.
Let the respondents consider the grievances of
the petitioner and dispose it off by a reasoned and
speaking order within a maximum period of four months
from the date of receipt/production of a copy of this
order.
It is expected that if the respondents find
justification in the claim or any part of the claim, they
shall pay him his legitimate dues within the aforesaid
period.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)