IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14258 of 2010 SHIVA KANT MISHRA, SON OF LATE PANDIT JANAK MISHRA, RESIDENT OF VILLAGE BHOJALI, P.S. BABU BISHUNPUR DISTRICT GOPALGANJ, AT PRESENT WORKING AS CHEMIST(MISHRAK) IN SARAN ZILA PARISHAD, P.S. CHAPRA TOWN, DISTRICT SARAN. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY PANCHAYATI RAJ GOVERNMENT OF BIHAR, PATNA. 2. DIRECTOR CUM ADDITIONAL SECRETARY, PANCHAYATI RAJ GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, SARAN AT CHHAPRA. 4. DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SARAN AT CHHAPRA, P.S. CHAPRA, TOWN DISTRICT SARAN AT CHAPRA. 5. CHAIRMAN, SARAN ZILA PARISHAD AT CHHAPRA, P.S. CHHAPRA TOWN, DISTRICT SARAN. ----------- 06. 16.09.2010 Heard learned counsel for the petitioner, the State and the counsel for the Saran Zila Parishad. 2. Petitioner is aggrieved by the order dated 30.1.2010, Annexure-2 passed by the Deputy Development Commissioner-cum- Chief Executive Officer of the Zila Parishad, whereunder it has been held that petitioner is not entitled for grant of the scale of 3050- 4590/- as per recommendation of the 5th pay revision committee and that he is also not found suitable for promotion on the post of Vaidya in the Zila Parishad. 3. It is submitted on behalf of the petitioner that order dated 30.1.2010 suffers from the vice of arbitrariness as other Misraks serving the Gopalganj Zila Parishad are being allowed the higher scale of 4500-7000/- and that petitioner is also entitled for promotion on the post of Vaidya as two post of Vaidya is vacant in the Zila - 2 - Parishad. 4. As petitioner is claiming discrimination vis-à-vis the pay scale allowed to the Misraks serving the Gopalganj Zila Parisahd as also claiming promotion on the ground that he possesses the necessary qualification for promotion against the vacant post of Vaidya, I deem it expedient to direct the petitioner to assail the order dated 30.1.2010, Annexure-2 passed by the Deputy Development Commissioner-cum- Chief Executive Officer of the Zila Parishad before the Secretary, Panchayati Raj Department by filing representation before him, who shall consider the same and pass appropriate order in accordance with law, as early as possible, in any case within three months from the date of receipt of the representation of the petitioner along with a copy of this order by the Secretary, Panchayati Raj Department. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)