IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.267 of 2011
The State Of Bihar & Ors
Versus
Shiva Ratan Rungta
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4 5-7-2011 Heard the parties.
The State is aggrieved by order
under appeal dated 30-11-2010 whereby
C.W.J.C. No. 5843 of 2006 has been
disposed of with a direction to the
Agriculture Production Commissioner,
Bihar to decide the effective date of
grant of supertime pay scale to the
petitioner who retired long back in
December, 1993.
Both the parties agree that the
writ court has passed the order under
appeal by wrongly holding that the writ
petitioner was holding the post of
Director Agriculture ( Statistical ).
In fact, from the submissions advanced
before us it appears that the entire
case of the writ petitioner was on a
different footing and he claims a right
2
to be considered for promotion to a
post in supertime scale on the ground
that one Ratan Kumar Singh junior to
him had been promoted to such scale on
29-6-1992. Some others were also
allegedly promoted but after the
petitioner had superannuated from
service.
Learned counsel for the State has
submitted that the order promoting
Ratan Kumar Singh shows that he was
promoted to senior selection grade and
not to suppertime scale.
We are not inclined to go into
the detailed fact because it is
apparent that the relief granted to the
petitioner was upon mis-conception of
facts and the stand of the State was
not clear before the writ court. In
larger interest of justice, the order
under appeal is set aside and the
matter is remitted back to the writ
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court for granting opportunity of fresh
hearing to the parties and for taking a
fresh decision in the matter. In
the interest of justice the State is
granted an opportunity to file a
detailed counter-affidavit in the writ
court bringing on record all the
relevant documents, including annexure-
4 to this memorandum of appeal.
The appeal stands allowed to
the aforesaid extent.
( Shiva Kirti Singh, J.)
Naresh
( Shivaji Pandey,J)