Citation : 2021 Latest Caselaw 5045 Patna
Judgement Date : 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.61 of 2021
======================================================
Anjani Kumar Sinha Son of Sri Arjun Prasad, residing at Flat No. 203 Zest Residency, Road No. 10, East Patel Nagar, P.S. Rajbanshi Nagar, Patna 800023.
... ... Petitioner/s Versus
1. State of Bihar, through the Principal Secretary, Rural Development Department, Old Secretariat, Bailey Road, Patna.
2. District Rural Development Agency through its Deputy Development Commissioner, Nawada.
3. District Magistrate, Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Kumar, Advocate For the Respondent/s : Mr. Rewati Kant Raman, AC to SC- XI ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 27-10-2021
Learned State counsel accept notice for respondent
nos. 1 to 3.
2. In the instant petition, petitioner has prayed for
following reliefs:
"(i) For issuance of writ in the nature of writ of mandamus directing the respondents to pay to the petitioner salary for his work done as Programme Officer in Rajauli Block of Nawada District for the period from October, 2019 till the date of his resignation on 1.08.2010 which comes to Rs. 2,02,299/-.
(ii) For direction to pay up-to-date interest on the above remaining amount.
(iii) For grant of any other relief or reliefs as made available to the petitioner as per the law."
Patna High Court CWJC No.61 of 2021 dt.27-10-2021
3. The grievance of the petitioner is limited that he is
entitled to pay arrears of salary against the post of Programme
Officer in Rajauli Block of Nawada district for the period from
October, 2009 till the date of his resignation on 21.08.2010 which
is calculated as Rs. 2,02,299/- or not. Such grievance of the
petitioner is pending consideration before the District Rural
Development Agency (respondent no. 2).
4. Having regard to the reliefs sought in the present
petition, respondent no. 2 is hereby directed to redress the
grievance of the petitioner within a period of three months from
the date of receipt of this order. If the petitioner is, otherwise,
eligible for the arrears of salary, the same shall be disbursed of
within a period of three months from the date of receipt of this
order along with interest @ 6% per annum in the light of Apex
Court's decision in case of Vijay L. Mehrotra Vs. State of U.P. &
Ors. reported in (2001) 9 Supreme Court Cases 687 (Para 2 to 4).
5. If the grievance of the petitioner is not settled within
the aforesaid period, the petitioner is entitled to litigation cost @
Rs. 25,000/-. The cost shall be paid from the pocket of the
respondent no. 2.
Patna High Court CWJC No.61 of 2021 dt.27-10-2021
6. With the aforesaid observation, the writ petition
stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR CAV DATE N.A. Uploading Date 01.11.2021 Transmission Date
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