High Court Patna High Court - Orders

Md.Rasheed Ansari vs The State Of Bihar &Amp; Ors on 11 February, 2011

Patna High Court – Orders
Md.Rasheed Ansari vs The State Of Bihar &Amp; Ors on 11 February, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.8625 of 2006
                  MD.RASHEED ANSARI, SON OF LATE AZIMUDDIN ANSARI,
                  RESIDENT OF VILLAGE-SARAIYA KHAJURI, P.S. NABI
                  NAGAR, DISTRICT-AURANGABAD.
                  ...................................................................PETITIONER.

                                                    Versus

                  1. THE STATE OF BIHAR.
                  2. THE CIVIL SURGEON, AURANGABAD.
                  3. THE DIRECTOR, HEALTH SERVICES, GOVERNMENT OF
                     BIHAR, PATNA.
                  4. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT
                     OF HEALTH, GOVERNMENT OF BIHAR, PATNA.
                  5. JANARDAN PRASAD, PHARMASIST AT PRESENT POSTED
                     AT RAJKIYA AUSDHALAY, JAMHORE, P.S. JAMHORE,
                     DISTRICT-AURANGABAD.
                     ........................................................RESPONDENTS.

                                                  -----------

For the Petitioner : Mr. Md. Anisur Rahman, Advocate.
For the State : M/s. Madhuresh Prasad, G.P. XII and
Prabhat Ranjan, AC to G.P. XII.

———–

2. 11.2.2011. Heard learned counsel for the petitioner and the

learned counsel for the State.

Petitioner’s case is that he was appointed vide

Annexure-‘1’ as a Pharmacist in the pay-scale of Rs.680-15-

690. However, subsequently, his pay-scale had been reduced

to Rs.535-765 in the year 1987 and thereafter every

replacement scale etc. had been given in the aforesaid lower

scale. Petitioner’s claim is that he is entitled for the
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replacement pay-scale of Rs.4500-7000 with effect from

12.2.1982 and Rs.5000-8000 with effect from 9.8.1999. It is

also claimed by the petitioner that Respondent No.5, who is

on similar footing to that of the petitioner, is being given

higher pay-scale.

Ordinarily, this Court would not have gone to

examine this matter as even if it is accepted that according

to the petitioner, his pay-scale has been lowered down, the

same was allegedly done in the year 1987 itself, which was

not challenged by the petitioner for long time. However,

since the petitioner claims that he had filed a representation

before the Respondent No.2, the Civil Surgeon, Aurangabad

and that has not been disposed of by the concerned, let the

petitioner file a fresh representation before the Respondent

No.3, the Director, Health Services, Government of Bihar,

Patna. If such a representation is filed by the petitioner

before the Respondent No.3 within one month from the date

of receipt of a copy of this order, the same shall be disposed

of by the Respondent No.3 within three months on its own

merit in accordance with law.

This writ application is, accordingly, disposed of.

It is made clear that this Court has not formed any opinion
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with regard to the merit of the case.

( Dr. Ravi Ranjan, J)
P.S.