Citation : 2022 Latest Caselaw 1233 Patna
Judgement Date : 18 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9712 of 2021
======================================================
Ravish Kumar Ravi Son of Gariwan Singh @ Gariban Singh Resident of Village- Malahi, Post- Dehuri, Police Station- Atri, District- Gaya, Bihar- 824233.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Secretariat, Patna, Bihar.
2. The Principal Secretary, Water Resources Department, Government of Bihar, Secretariat, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.
4. The Under Secretary (Management), Water Resources Department, Government of Bihar, Secretariat, Patna.
5. The Engineer-in-Chief cum Special Secretary, Water Resources Department, Government of Bihar, Secretariat, Patna.
6. The Engineer-in-Chief, Irrigation (Creation), Water Resources Department, Government of Bihar, Patna.
7. The Chief Engineer, Water Resources Department, Aurangabad, Bihar.
8. The Chief Engineer, Central Design, Research and Quality Control, Water Resources Bhawan, Anisabad, Patna, Bihar.
9. The Executive Engineer, Quality Control (Flood Control and Water Discharge) Division, Samastipur, Bihar.
10. The Sub-Divisional Engineer, Quality Control (Flood Control and Water Discharge) Sub-Division, Samastipur, Bihar.
11. The Executive Engineer, Quality Control (Irrigation Creation) Division, Gaya, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar Sinha For the Respondent/s : Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-02-2022
The matter has been heard via video conferencing Patna High Court CWJC No.9712 of 2021 dt.18-02-2022
due to circumstances prevailing on account of the COVID-19
pandemic.
Learned counsel for the State accepts notice for the
respondents.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"This instant writ application is
being filed to invoke the writ
jurisdiction of this Hon'ble Court for
issuance of appropriate Writ/Writs,
Order/Orders, direction/directions, to
command the respondents for seeking
the following reliefs:-
"i. For payment of arrear of
salary with effect from April, 2016 to
October, 2018 along with statutory
interest to the petitioner, who was
employed being a Junior Engineer in
the Water Resources Department as
contractual where he got only
Rs.28,710- (Rupees Twenty Eight
Thousand Seven Hundred Ten) against Patna High Court CWJC No.9712 of 2021 dt.18-02-2022
his duty for the said period.
ii. To hold and declare that the
petitioner is entitled to revised pay
structing/salary along with
consequential benefits for the said
post for which he has served.
iii. To hold and declare that
petitioner service for entire period be
treated as regular service.
iv. For any other relief or reliefs for
which petitioner may be entitled to."
Learned counsel for the petitioner fairly submitted
that petitioner has not approached the concerned respondent in
seeking payment of arrears of salary from April, 2016 to
October, 2018. Therefore, the petitioner is at liberty to approach
the concerned authority in seeking arrears of salary for the
aforesaid period in submitting a detailed representation, if such
representation is submitted, the concerned disbursing authority
is hereby directed to examine the petitioner's grievance and
redress the same within a period of one month from the date of
receipt of representation to be submitted. If the petitioner is not
entitled for arrears of salary for the aforesaid period, in that Patna High Court CWJC No.9712 of 2021 dt.18-02-2022
event, necessary speaking order shall be passed and
communicated to the petitioner as to why the petitioner is not
entitled.
With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J) Ankit/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2022 Transmission Date NA
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