Facts
The petitioner sought consideration for pay scales of Rs. 6,500–10,500 and Rs. 10,000–15,200, relying on earlier decisions concerning similarly situated employees, including a decision affirmed by the Supreme Court, and Clause 4C(1) of the Bihar State Litigation Policy, 2011.
Source reference: p.1–2He relied also on the State’s notification, Memo No. 2178 dated 27 February 2025, and stated that his representation to the Chief Engineer had not been acted upon.
Source reference: p.2The State submitted that the Chief Engineer was the competent authority and would consider the representation.
Source reference: p.3Issues
1. Whether the petitioner’s representation seeking the claimed pay-scale benefit should be considered in light of the prior decisions and the State notification relied upon.
Source reference: p.1–32. Whether consequential benefits should be granted if the petitioner’s claim is found meritorious.
Source reference: p.3Law Applied
The Court relied on the prior decision in C.W.J.C. No. 18433 of 2016 concerning the grant of similar pay scales, which it noted had been affirmed by the Supreme Court.
Source reference: p.1, p.3The petitioner also invoked Clause 4C(1) of the Bihar State Litigation Policy, 2011, and the State’s notification, Memo No. 2178 dated 27 February 2025.
Source reference: p.2Reasoning
In view of the prior decision and the State’s submission that the Chief Engineer was competent to consider the claim, the Court considered it appropriate to direct that authority to examine the petitioner’s representation and bring it to a conclusion.
Source reference: p.3The Court did not itself determine the petitioner’s entitlement to the pay scales; it made consequential benefits conditional on the authority finding the claim meritorious.
Source reference: p.3Holding
The writ petition was disposed of with a direction to respondent no. 2, the Chief Engineer, to consider the representation annexed as Annexure P/4 and conclude the matter, preferably within eight weeks from receipt or production of the order.
If the claim is allowed, the petitioner must receive the necessary consequential benefits.
Source reference: p.3–4Original Court PDF
Dinesh SharmavsThe State of Bihar
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