RAM PRAVESH SHARMA Vs. STATE OF BIHAR
LAWS(PAT)-2021-3-36
HIGH COURT OF PATNA
Decided on March 24,2021

RAM PRAVESH SHARMA Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

BIRENDRA KUMAR,J. - (1.) The Petitioner, along with others, was appointed as Khalasi in the Public Health Engineering Department (PHED), Bhagalpur Division, on 29.07.1980 in a work charge establishment vide order at Annexure-1. In the Year 1989 the petitioner was transferred in the same capacity from Bhagalpur to Patna and was posted at Masaurhi. On 01.06.2002, the petitioner was reverted as daily wager along with others. On 28.11.2006, 2277 posts of technical workers such as Khalasi, Keyman cum Chaukidar, Pump operator and Electrician was sanctioned in the Public Health Engineering Department and services of the work charge employees including those reverted to daily wager was regularized and adjusted against sanctioned post with all consequential benefits. On 04.02.2015, respondent no.4 issued an order whereby the benefits of 6th pay revision was given to the petitioner with effect from 01.04.2007 and not with effect from 01.04.2006 as claimed. The petitioner superannuated on 31.01.2017.
(2.) Thereafter, petitioner submitted a representation on 01.09.2017 to the Executive Engineer, PHED for fixation of his pension, salary and to provide all retiral benefits after calculating services from 30.07.1980 in place of 29.11.2006 i.e. the date of adjustment and regularization on the sanctioned post. The respondents did not pass any order on the said representation.
(3.) Hence this writ application under Article 226 of the Constitution of India praying therein to quash the order No.87 dated 04.02.2015 passed by respondent no.4 (at Annexure-3) and to direct the respondents to allow the benefit of pay revision from 01.04.2006 and not from 01.04.2007 as ordered. The petitioner has further prayed for direction to the respondents to fix pay and pension since 30.07.1980 i.e. soon after joining on the post of khalasi in the work charge establishment and not as done from 29.11.2006 i.e. the date of regularization and adjustment against the sanctioned post.;


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