IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.537 of 2010
1. GANORI MANDAL S/O LATE SINGESHWAR MANDAL R/O VILL.-
BERAIN, P.S.- SHAHKUND, DISTT.- BHAGALPUR
Versus
1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY
BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA
2. SUPERINTENDING ENGINEER BUILDING CONSTRUCTION
DEPARTMENT, BHAGALPUR CIRCLE, BHAGALPUR
3. EXECUTIVE ENGINEER BUILDING CONSTRUCTION
DEPARTMENT, BHAGALPUR
4. TREASURY OFFICER BHAGALPUR TREASURY, BHAGALPUR
5. SRI HARE RAM SINGH, SUPERINTENDING ENGINEER
BHAGALPUR CIRCLE, BHAGALPUR
6. SRI RAKESH KUMAR, EXECUTIVE ENGINEER BUILDING
CONSTRUCTION DIVISION, BHAGALPUR
2 24.6.2010
Petitioner’s prayer is for quashing of the part of the
order No.40 dated 10.10.2009 passed by the Superintending
Engineer, Building Construction Department, Bhagalpur,
whereby his pay fixation on account of granting first
Assured Career Progression with effect from 9.8.1999 has
been done in a lower scale. Further prayer is for quashing
of order contained in memo no. 2132 dated 3.11.2009 and
order contained in memo no. 2193 dated 9.11.2009 passed
by the Executive Engineer, Building Construction
Department, Bhagalpur, whereby a direction has been issued
for recovery of Rs. 30,174/- from the pension of the
petitioner on account of wrong fixation of pay, and wrongly
assuming that the petitioner has been paid excess amount as
salary.
-2-
Petitioner’s case is that his pay fixation as well as
pension fixation was correctly done and there was no
reason for reducing it even after granting the benefit of first
and second ACP to the petitioner.
Counsel appearing for the State is directed to seek
instruction and file counter affidavit, for which four weeks’
time is allowed.
Put up for admission after four weeks’, retaining its
position.
Till disposal of this application recovery from the
pension of the petitioner shall remain stayed.
(Mridula Mishra,J.)
A.kumar