Advocates:
['Sanat Kumar Mishra', '', 'Munna Pd Dixit M P Dixit', 'Sanjay Kumar Chaubey', 'Swastika', 'Ravinder Kumar Sharma', '', 'Nivedita Nirvikar']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21881 of 2014

======================================================

Tribhuwan Jha S/o Late Radhika Raman Jha resident of village and P.O.

Nawada, P.S. Bahera, District Darbhanga.

... ... Petitioner/s

Versus

1.

The Union of India.

2.

The Registrar General of India, Kotah House Annexe, 2/A,Man Singh Road,

New Delhi - 110011.

3.

The Deputy Director of Census Operations, Bihar, Boring Canal Road, Patna

- 800011.

4.

The Assistant Director of Census Operations , Bihar, Boring Canal Road,

Patna - 800001. ... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. M.P. Dixit, Advocate

:

Mr. S.K Dixit, Advocate

:

Mr. Sanjay Kr. Chaubhay, Advocate

:

Mr. Swastika, Advocate

For the Respondent/s

:

Mr. Awadhesh Kumar Pandey, Sr Panel Counsel

:

Mr. Ravinder Kumar Sharma, CGC

:

Mr. Saket Anand, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE RAJIV ROY

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 05-07-2022

Heard learned counsel for the respective parties.

In the instant petition, the petitioner has prayed for

the following reliefs:

“a) A writ of Certiorari for quashing the

impugned order dated 30.04.2014 of the

learned Central Administrative Tribunal,

Patna bench, Patna in O.A. No. 157 of

2006 by which the O.A. was dismissed

due to non application of mind to the

facts and circumstances of this case and

for non application of the relevant

documents and citations on records.

b) That this Hon’ble Court be pleased to

direct the respondent to fix the initial pay

Patna High Court CWJC No.21881 of 2014 dt.05-07-2022

2/6

of the applicant on the post of Lower

Division Clerk w.e.f. 07.04.1981 to

05.12.1986 in the pay scale of Rs. 1200-

2040/-(scale fixed in Rs. 1290/-) w.e.f.

06.12.1986 as per F.R 22(1)(a)(2).

c) That this Hon’ble Court be pleased to

direct the respondents to calculate and

grant the increment from 06.12.1986 to

08.06.1992 on the post of Lower Division

Clerk and to fix the basic pay accordingly

on the post of Lower Division Clerk w.e.f.

09.06.1992.

d) That this Hon’ble Court also be

pleased to direct the respondents to

protect the pay as per pay protection

rules, the junior Md. Eqbal Hassan,

U.D.C is getting Rs. 5600/-(basic pay)

per month but the senior applicant is

getting only Rs.4700/- w.e.f. 17.03.2005

(the date of regularization of junior Md.

Eqbal Hassan on the post of U.D.C.).

e) That this Hon’ble Court be also

pleased to direct the respondent to pay

the arrears of differences of salary on the

post of Lower Division Clerk from

09.06.1992 to 16.04.1998 and on the post

of Upper Division Clerk from 17.04.1998

to till date, with interest at 12% per

annum.

f) Thjat the applicant be given the pay

protection with effect from 06.12.1986 in

view of the recommendation of the

Departmental Promotion Committee

pursuant to the office note date

05.04.1999 whereby and where under the

said Departmental Promotion Committee

has held that the applicant in entitled for

regularization on the post of Lower

Division Clerk with effect from

06.12.1986.

Patna High Court CWJC No.21881 of 2014 dt.05-07-2022

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g) An appropriate writ for grant of pay

protection as per Pay protection Rule

vide F.R. 22(1)(a)(2) or F.R. 22 (1)(b) or

F.R. 15(a) holding that the basic pay of

the applicant cannot be less than Rs.

1290/- w.e.f. 06.12.1986 on the basis of

date of regularization w.e.f. 06.12.1986

with all consequential benefits.

h) Any other writ / writs to which the

petitioner is found entitled to in the facts

and circumstances of this case and with

cost.”

Short question for consideration is whether petitioner

is e