High Court Patna High Court - Orders

Keshri Nandan Dwivedi & Ors vs The State Of Bihar & Ors on 9 September, 2011

Patna High Court – Orders
Keshri Nandan Dwivedi & Ors vs The State Of Bihar & Ors on 9 September, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         CWJC No.5818 of 2010
                1. Keshri Nandan Dwivedi S/O Late Ram Padarath Dwivedi, R/O Vill
                   Chandiha, P.S.Purnahiya, Distt-Sheohar
                2. Girish Kumar Singh, S/O Late Bhagwan Singh, R/O Vill Karthia,
                    P.S.Gauri Bazar, Distt- Deoria(Uttar Pradesh)
                3. Bishwanath Prasad, S/O Late Chandrika Prasad, R/O Vill Bishunpur Sri
                   Ram , P.S.Sakra, Distt-Muzaffarpur.
                                                                   ... Petitioners
                                                    Versus
         1. The State Of Bihar
         2. The Principal Secretary, Public Health Engineering Department, Government
            of Bihar, New Secretariat, Patna
         3. The Chief Engineer , Mechanical Public Health Engineering Department,
            Government of Bihar, New Secretariat, Patna
         4. The Superintending Engineer , Mechanical Public Health Engineering Circle,
            Muzaffarpur
         5. The Executive Engineer, Public Health Engineering Division, Muzaffarpur.
                                                                   ... Respondents
                                                  -----------

4 09.09.2011 Sri Tej Bahadur Singh, Sr. Advocate, AAG-7 fairly

acknowledges that the issue stands settled by the Supreme Court

on dismissal of the Special Leave Petition preferred by the State

against the order of this Court. He submits that he has received

instructions and that the petitioners are receiving their salary

also.

Counsel for the petitioner however, submits that on

account of the dispute with regard to the applicability of the CPF

Scheme to them etc. the salary is being paid at the old scale of

2002 and not the present scale.

If the petitioner represents on that account with a copy

of the present order, this Court expects that Respondent No.2

shall adequately examine matter on the administrative side so

that litigation wholly avoidable is prevented and appropriate

orders in accordance with law be passed within a maximum
2

period of three months from the date of receipt of the

presentation before him.

It is further expected that if the respondent finds

justification in the claim or any part of the claim, necessary

consequential action shall be taken within the same period.

The writ application stands disposed.

( Navin Sinha, J.)
Md. Ibrarul