High Court Patna High Court - Orders

Shyam Narayan Pandit vs The C.E.O.Cum Commissioner,Pmc on 9 November, 2011

Patna High Court – Orders
Shyam Narayan Pandit vs The C.E.O.Cum Commissioner,Pmc on 9 November, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1167 of 2007
                 ======================================================
                 Shyam Narayan Pandit, s/o- Late Basudeo Pandit, r/o- mohalla Munachak,
                 Kankarbagh Road, Patna-20
                 At present posted as Assistant in the Patna Municipal Corporation, Budh
                 Marg, Patna.
                                                                         .... .... Petitioner/s
                                                     Versus
                 1. The Chief Executive Officer-cum-Commissioner, Patna Municipal
                    Corporation, Budh Marg, Patna.
                 2. The Accounts Officer, Patna Municipal Corporation, Budh Marg,
                    Patna.
                                                                        .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    : Mr. None
                 For the Respondent/s      : Ms. Binita Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL

                 ORAL ORDER

(Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL)

5 09-11-2011 No body appears on behalf of the petitioner. Mrs. Binita

Singh on behalf of Patna Municipal Corporation (for short ” the

Corporation”) is present.

A counter affidavit has been filed on behalf of the

Corporation.

Petitioner has filed the present writ petition seeking a

direction upon the respondent Corporation to pay him the scale of

pay admissible to the post of Assistant. Admittedly, petitioner was

initially engaged as Mali on daily wage basis. He was, however,

permitted to discharge duties of Routine Clerk. Petitioner earlier

approached this Court in C.W.J.C. No. 11776 of 2000 raising
Patna High Court CWJC No.1167 of 2007 (5) dt.09-11-2011
2

identical grievance. This Court by order dated 22.11.2000

disposed of the writ petition directing the petitioner to file

representation which was to be considered and disposed of by the

authorities of the Corporation by a reasoned order. Accordingly,

the petitioner made representation which was considered and the

claim was rejected by order dated 25.7.2003 and duly

communicated to the petitioner vide Memo No. 1134 dated

31.7.2003 (Annexure-A). Relevant facts in this regard have been

stated in paragraph 9 of the counter affidavit. It also appears from

perusal of the counter affidavit that the minimum of the basic pay

of the post of Routine Clerk for the period the petitioner actually

discharged the duty has been paid. The said order (Annexure-A) is

not under challenge.

This Court on consideration of pleadings on record and

after hearing learned counsel for the respondent Corporation finds

no merit in the application.

It is accordingly dismissed.

(Kishore K. Mandal, J)
PANKAJ KUMAR/-