IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.979 of 2007 Ramesh Prasad Verma, SON OF LATE VIDYAPATI VERMA, RESIDENT OF MOHALLA- PATAN GALI, SASARAM, P.O. & POLICE STATION- SASARAM, DISTRICT- ROHTAS, AT PRESENT POSTED AS JANJIR BALAK IN THE MINOR IRRIGATION INVESTIGATION DEPARTMENT, AURANGABAD :---PETITIONER. Versus 1. The State Of Bihar 2. THE COMMISSIONER MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, BIHAR, PATNA. 4. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION DEPARTMENT, BIHAR, PATNA. 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION, CIRCLE AURANGABAD. 6. THE ASSISTANT ENGINEER, MINOR IRRIGATION CIRCLE, AURANGABAD. 7. THE DISTRICT MAGISTRATE, AUR4ANGABAD :--RESPONDENTS. ----------- For the petitioner : Mr. Gayasuddin Khan, Advocate. For the State : Mr. Y.P. Sinha, A.A.G.-15. Mr. Shankar Kumar, A.C. to A.A.G.-15. ======= 2. 21.07.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed against a temporary post of Chainman under Memo No. 690 dated 26th September, 1980, Annexure-1, thereafter he was transferred as Peon under Order No. 1252 dated 02.12.1982, Annexure-2. At the time of appointment of the petitioner as Chainman and transfer as Peon the scale of the post of Peon and Chainman was the same. Later the scale payable to the Chainman was upgraded but petitioner was continued as Peon in the lower scale. He was also allowed time bound promotion as Peon. Petitioner, however, kept representing his grievance but when the authorities did not consider the representations he served 2 legal notice dated 20.09.2003, Annexure-4. Even the legal notice served by the petitioner did not bear any fruit, petitioner thereafter approached this Court by filing the writ petition. 3. From perusal of the order bearing Memo No. 690 dated 22.09.1980, Annexure-1 it is crystal clear that petitioner along with three others was appointed as Chainman, Sri Ved Prakash Verma, Serial No. 1 of the memo dated 26.09.1980 is still being allowed to serve as Chainman in the higher scale. Petitioner is being discriminated, so submitted counsel for the petitioner. 4. Let petitioner highlight discrimination before the Superintending Engineer who shall pass appropriate order in the matter taking into account the initial appointment of the petitioner on the post of Chainman in accordance with law, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)