BALESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against he judgment dated 20.9.1999 passed in CWJC No. 771/98(R) whereby the learned single Judge dismissed the writ petition on the ground that the petitioner -appellant suppressed material facts in the writ petition by not disclosing that in 1988 he had filed CWJC No. 946/88(R) challenging the order as contained in annexure 5 to the writ petition and the said writ petition was dismissed.

(2.) THE only question that falls for consideration by this Court is whether the learned single Judge was justified in holding that it was a serious case of suppression of material facts which disentitled the petitioner to invoke the extra -ordinary jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) THE petitioner was appointed as Anti Malaria Supervisor in 1968 and there were junior supervisors who worked under him in the Sindri Notified Area Committee. The grievance of the petitioner was that he was getting lower pay scale than that of the persons working under him. Earlier the petitioner approached this Court in 1986 as against the order of reduction of pay scale in CWJC No. 392/86(R). The said writ petition was disposed of on 20.3.1987 with a direction to the respondents to consider and dispose of the claim of the petitioner. The claim of the petitioner was accordingly considered and disposed of by order dated 30th December, 1987, a copy of which has been annexed as Annexure 5 to the writ petition. In the meantime, in terms of the order passed in CWJC No. 392/86(R) the respondent -Notified Area Committee granted the petitioner junior supervisor grade with effect from 1980. The petitioner then submitted representation before the Executive Officer, Notified Area Committee, Sindri in 1992 against the disparity in the pay scale. The respondents when failed to consider the representation, the petitioner again approached this Court by filing CWJC No. 3518/93(R). The said writ petition was disposed of on 17.2.1994 with a direction to the respondents to dispose of the representation within two months. The representation of the petitioner was, accordingly, disposed of and some benefit was given to him but the petitioner being dissatisfied with the said order filed CWJC No. 3328/95(R). The said writ petition was disposed of on 16.12.1996 and the decision of the Deputy Secretary, Urban Development Department, Government of Bihar by which the petitioner was given pay scale of Anti Malaria Supervisor with effect from 1986, was quashed. Consequently direction was issued to the respondents to decide the claim of the petitioner afresh and to pass a reasoned order. In compliance of the aforesaid direction the respondents passed a reasoned order which is the subject matter of CWJC No. 771/98(R).