LAWS(PAT)-2004-1-69

PARAS NATH GUPTA Vs. STATE OF BIHAR

Decided On January 09, 2004
PARAS NATH GUPTA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE delay in filing the appeal is condoned.

(2.) HEARD learned counsel for the appellant.

(3.) FROM the order impugned it transpires that the main thrust of the argument advanced before the writ court of the petitioner -appellant was that one Sushant Kumar Ghosh Mallick who was admittedly junior to the appellant got the replacement scale of Rs. 5000 -8000 and as such, the petitioner being senior to him was entitled to the aforesaid pay scale. The learned counsel had also tried to supplement his aforesaid argument with the contention that the aforesaid pay scale was rather granted to the said Sushant Kumar Ghosh Mallick after his superannuation as such, the stand of the State that as he had retired recovery could not be made, was not substantiable and the same should be rejected and the State be directed to grant the appellant also the relief which has been granted to the aforesaid Sushant Kumar Ghosh Mallick.