Patna High Court
Ram Binay Sharma vs The State Of Bihar on 4 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19777 of 2018
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Ram Binay Sharma, son of Manoranjan Sharma, Resident of Village-Sonaut,
P.O.-Goga, P.S. Mufassil, Babhandih Wajirganj, Gaya, Retired Sub-Inspector,
C.I.D. Bihar, Patna
... ... Petitioner/s
Versus
1. The State Of Bihar through the Director General of Police, Bihar, Patna
2. The A.D.G., C.I.D., Bihar, Patna
3. The A.D.G., Vigilance Investigation Bureau, Bihar, Patna
4. The Senior Superintendent of Police, Gaya
5. The Superintendent of Police, C.I.D., Bihar, Patna
6. The Superintendent of Police, Vigilance Investigation Bureau, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sharma, Advocate
Mr. Amresh Kumar, Advocate
For the State Ms. Divya Verma, AC to AAG 3
For the Vigilance Mr. Anil Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 04-02-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The following reliefs as formulated by the petitioner
have been claimed in the writ petition--
"(i) For direction to the respondent
authorities to make payment of leave
encashment of 95 days as only 205 days
payment as been in place of 300 days.
(ii) For direction of the respondent
authorities to make payment of one month
salary for the financial year 2015-2016
and one month salary for the financial
year 2016-2017 in the light of the
Patna High Court CWJC No.19777 of 2018 dt.04-02-2021
direction of the Home (Police)
Department, Government of Bihar, vide
Gyapank No. 4495 dated 30.06.2015
where a direction has been issued for
payment of additional one month salary in
every year.
(iii) For any other relief and reliefs if
petitioner found entitled in the facts and
circumstances of the present case."
3. Learned counsel for the petitioner submits that despite
being entitled to leave encashment for 300 days, he has been
granted only 205 days' payment and thereby he is entitled to
payment for the remaining 95 days towards leave encashment.
4. As regards entitlement to one month's salary for the
financial years 2015-2016 and 2016-2017, he invites reference
to the letter issued by the Home Department in Memo No. 4495
dated 30.06.2015 (Annexure-2), by which such benefit had been
allowed to police officials. It is submitted however, that such
claim is being denied for the periods in question as such benefit
was conferred to persons in the Vigilance Investigation Bureau
by its subsequent Resolution No. 5290 dated 30.06.2017
(Annexure- C/1 to the counter affidavit).
5. Learned counsel for the State invites reference to its
counter affidavit, inter alia, enclosing the calculation chart of
Patna High Court CWJC No.19777 of 2018 dt.04-02-2021
leave encashment (Annexure-A) to submit that the petitioner is
entitled to only 205 days' leave encashment. As regards the
payment for one month's extra salary for the two years in
question, it is submitted that the petitioner is not entitled to the
same as such benefit was made available in respect of Vigilance
Investigation Bureau in terms of Resolution No. 5290 dated
30.06.2017, whereas the petitioner had already been transferred
out of the Vigilance Investigation Bureau prior thereto on
01.04.2017 itself.
6. Having heard the parties and on a consideration of
materials on record, the writ petition is disposed of with a
direction to the State to supply a copy of the calculation sheet of
leave encashment to the petitioner within a period of two weeks
hereof. The calculation shall be finalized after granting the
petitioner an opportunity of being heard in the matter, within a
period of four weeks thereafter. If any further amount is found
due to the petitioner, the same shall be paid within a further
period of eight weeks from such determination.
7. As regards the claim for extra one month's salary for
the two years in question, the petitioner does not press the issue
at this stage and instead seeks liberty to agitate this matter in
greater details, and more particularly with reference to the
Patna High Court CWJC No.19777 of 2018 dt.04-02-2021
sustainability of Resolution No. 5290 dated 30.06.2017, in a
freshly constituted writ petition for appropriate relief, which is
granted.
8. The writ petition stands disposed of with the aforesaid
directions and observations.
(Vikash Jain, J)
HR/-
AFR/NAFR NAFR
CAV DATE -
Uploading Date 05.02.2021
Transmission Date -
