Patna High Court
Sita Ram Mistri @ Sita Ram Thakur vs The State Of Bihar on 16 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6330 of 2020
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Sita Ram Mistri @ Sita Ram Thakur Son of Late Raudi Thakur Resident of
Village- Pali, P.S.- Ghanshyampur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Industries,
Govt. of Bihar, Patna.
2. The Bihar State Khadi and Village Industries Board, through the Chief
Executive Officer, Patna.
3. The Chief Executive Officer, Bihar State Khadi and Village Industries
Board, Patna.
4. The Provident Fund Officer, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabha Singh, Advocate
For the Respondent/s : None
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 16-12-2021
Heard learned counsel for the petitioner. None appears
for the respondent-Bihar State Khadi & Village Industries Board.
In the instant petition, petitioner has prayed for the
following reliefs:-
"(a) To issue a writ of
mandamus any other writ or writ
direction or directions to Commanding
upon the respondents to make payment
of the full salary of the petitioner for the
period from the July, 2002 to March
2007 for the period for which the
petitioner was under Suspension which
was vacated vide letter no. 2 dated
05.04.2007 after deducting the
suspension amount about the period of
suspension allowance as well to pay a
sum of Rs. 99140/- which was ordered to
be paid against arrears of salary before
Patna High Court CWJC No.6330 of 2020 dt.16-12-2021
the suspension of the petitioner. Further
direction be issued to the respondents to
pay the full amount of the provident fund
of Hariharganj, District Palamu, Kako
District Gaya, Tarwara Disrict (Siwan),
Bihta Samastipur District, Samastipur,
District Patna.
(b) The respondent has
wrongly calculated the amount
regarding salary, unitized leave, gratuity
and G.P. F. which may also be directed
to collect properly and to pay the same
also.
(c) To pass any such other
order or orders as this Hon'ble court
thinks fit and proper"
Petitioner's grievance is relating to regularization of
suspension period from July, 2002 to March, 2007. Petitioner is
stated to have retired from service on 30.04.2007.
The Chief Executive Officer, Bihar State Khadi &
Village Industries Board, Patna, i.e., respondent no. 3 is hereby
directed to pass speaking order in regulating the suspension order
and communicate the same to the petitioner. If the petitioner is
entitled to monetary benefits if any the same shall be extended to
the petitioner alongwith interest @ 12% per annum in the light of
the Hon'ble Apex Court in the case of Vijay L. Mehrota vs. State
of Uttar Pradesh and Ors. reported in (2001) 9 SCC 687.
The present petition is allowed with cost of Rs. 10,000/-.
Costs shall be paid to the petitioner from the Office of the second
Patna High Court CWJC No.6330 of 2020 dt.16-12-2021
and third respondent for the reasons that there is a total inaction on
the part of the competent authority in not regulating the suspension
period for the period of July, 2002 to March, 2007 read with
petitioner date of retirement 30.04.2007.
(P. B. Bajanthri, J)
Vikash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date
Transmission Date N/A
