IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14849 of 2009 UPENDRA PRASAD KAPAR, Son of late Laxmi Kapar, resident of Mohalla- Ring Bandh, Laxminagar, Near Shiva Temple, Sitamarhi, P.S.- Sadar, District- Sitamarhi :---- Petitioner. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, through its Chairman, Vidyut Bhawan, Patna (Hereinafter referred to as Electricity Board). 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Patna. 3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 4. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 5. The Financial Controller, Bihar State Electricity Board, Vidyut Bhawan, Patna. 6. The Deputy Director of Accounts (Secretariat), Bihar State Electricity Board, Vidyut Bhawan, Patna. 7. The Electrical Superintending Engineer, Transmission Circle, Dehari-on-Sone, District- Rohtas :--- Respondents. ----------- For the petitioner : Mr. Ajey Kumar, Advocate. For the B.S.E.B. : Mr.V.K.Singh, Advocate. ===== 2. 07.11.2009. Heard learned counsel for the petitioner and the counsel for the Bihar State Electricity Board, Patna (hereinafter referred to as the “Board”). 2. Petitioner is aggrieved by Office Order No. 20 dated 16.04.2008, Annexure-1 whereunder his pay in the promoted scale of Rs. 4720-9040/- has been fixed at Rs. 9040/- with effect from 17.12.2004, the date of his joining the promoted scale. It is submitted on his behalf that before joining the promoted scale petitioner was already getting Rs. 9040/- which is evident from the impugned order itself and the pay should have been fixed after adding the stagnation increment which it appears has not been done as his pay has been fixed at Rs. 9040/-. Against the order dated 16.4.2008, Annexure-1 petitioner has a remedy of representation before the Financial Controller of the Board, Respondent No.5. 3. Let the petitioner file a representation before the - 2 - Financial Controller of the Board, Respondent no.5 assailing the pay fixation made under order dated 16.4.2008 with effect from 17.12.2004 requesting the Financial Controller to modify the said order and add stagnation increment to his emolument with effect from 17.12.2004. The Financial Controller should consider and dispose of the representation of the petitioner as early as possible, in any case within a period of two months of its receipt along with a certified copy of this order. 4. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)