Raj Kishore Jha vs The State Of Bihar & Ors.

Heard learned Advocate for the petitioner and learned Advocate for the State as well as learned Advocate for the Accountant General.

The petitioner has invoked the jurisdiction of this Court seeking issuance of the writ in nature of mandamus directing upon the respondents to pay the salary of the petitioner of 9^th pay level since 29.11.2023 till the date of his superannuation and further all the benefits in compliance of notification of General Administration, Govt. of Bihar, Patna in Notification No. 19300 dated 13.10.2023.

Briefly stated that while the petitioner was discharging his duty as Fishery Extension Supervisor, on being found him eligible, the Directorate, Fishery New Secretariat, Vikash Bhawan, Bailey Road issued a Letter bearing No. 2413 dated 29.11.2023 whereby and whereunder the petitioner and others have been promoted to the post of Fishery Extension Officer. In the meanwhile, the Government of Bihar has also come out with a Notification No. 19300 dated 13.10.2023 in the matter of promotion to the next higher level. Further the name of the petitioner also stands at No. 8 in the screening committee report, but he has been denied the benefits as claimed for.

It is thus submitted that despite the petitioner being entitled to get 9^th pay level, the same has not been accorded. Nonetheless; others, even junior to the petitioner, have been allowed the similar pay scale. However, there is no whisper with respect to particulars of those persons who have been allowed the 9^th pay scale despite being junior to the petitioner.

Learned Advocate for the State refuting the contention submitted that for the purpose of 9^th pay scale, the petitioner ought to acquire eligibility and working experience of five years and prima facie it appears that the same has not been completed by the petitioner; since the petitioner has superannuated on 31.01.2025 itself.

Considering the fact that all the essential materials have not been brought on record as to who are the persons, junior to the petitioner has been extended the benefit of such 9^th pay level, this Court deems it fit and proper to dispose off the writ petition with a direction to the petitioner to file a fresh representation bringing on record all the necessary facts, before the respondent no. 4, Secretary, Department of Fishery Resources, Govt. of Bihar, preferably within a period of four weeks, from today.

In case such a representation is filed, the same shall be considered and disposed off by a reason and speaking order, within the stipulated period.

The writ petition stands disposed off.