Citation : 2022 Latest Caselaw 1121 Patna
Judgement Date : 14 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8400 of 2021
======================================================
Ram Narayan Singh @ R. N. Singh S/o Late Yogendra Prasad Singh, resident of Village- Tiswara (Harilochanpur), P.S.- Sarairanjan, Distt.- Samastipur presently posted as Gram Panchayat Supervisor in Hanuman Nagar Block, Darbhanga.
... ... Petitioner/s Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.
3. The Director, Department of Panchayati Raj, Bihar, Patna.
4. The Commissioner, Darbhanga Division, Darbhanga.
5. The District Officer, Darbhanga.
6. The Deputy Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.
7. The District Panchayat Raj Officer, Darbhanga.
8. The Block Development Officer, Hanuman Nagar Block, Darbhanga.
9. The Block Development Officer, Sakra Block, Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shree Ganesh For the Respondent/s : Mr. Kumar Alok (SC-7) Mr. Prem Ranjan Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
Learned counsel for the State accepts notice for
respondent nos. 1 to 9.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
Patna High Court CWJC No.8400 of 2021 dt.14-02-2022
(i) For a direction to the
respondents for payment of salary for
the month of February, 2019 and from
May, 2019 to March, 2020 when the
petitioner was posted as Gram
Panchayat Supervisor, at Hanuman
Nagar Block, Darbhanga, as the
salary for the said period was stopped
for the reason 'No Work No Pay'
which was never communicated to the
petitioner. The petitioner has worked
all the time and he was never absent
in his duty.
(ii) For a direction to the
respondents for payment of salary
related dues as amount as well as
description mentioned in last pay slip
dated 13.06.2019 issued by Block
Development Officer, Sakra Block,
Muzaffarpur, where the petitioner was
posted prior to Hanuman Nagar
Block, Darbhanga, which was not Patna High Court CWJC No.8400 of 2021 dt.14-02-2022
paid to the petitioner. The petitioner's
salary related dues are salary for
different months and days, Grade pay
arrear of different years as grade pay
enhanced from Rs.4200 to Rs.4600
and other dues also.
(iii) For a direction to the
respondent for payment of Grade pay
arrears for different years as grade
pay enhanced to Rs.4800 from
Rs.4600/- which has not been
mentioned in the last pay slip dated
13.06.2019.
(iv) For any other appropriate relief
or reliefs to which the petitioner may
be deemed entitled.
Short question for consideration is whether
petitioner is entitled to payment of arrears of salary. In this
regard, petitioner submitted representation dated 31.01.2020,
06.03.2020 and 04.05.2020 vide Annexure-7, Annexure-11 and
Annexure-12 respectively. Therefore, respondent no.8 is hereby
directed to decide the petitioner's representations on top priority.
Patna High Court CWJC No.8400 of 2021 dt.14-02-2022
If petitioner is, otherwise eligible, the same shall be extended
within a period of two months from the date of receipt of this
order failing which the petitioner is entitled to litigation cost and
it is quantified at Rs.10,000/- (Rupees Ten Thousand). The cost
has been paid by respondent no.8 from his pocket and not from
the department/government. If the petitioner is not otherwise
eligible, in that event, a necessary speaking order shall be
passed and communicated to the petitioner so as to enable him
to question before the appropriate forum.
If respondent no.7 is in the receipt of
representation, the same shall be transmitted to respondent no. 8
immediately so as to enable him to comply with the aforesaid
order.
With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J) Ankit/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2022 Transmission Date NA
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