Kiran Devi vs The State Of Bihar
2022 Latest Caselaw 913 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5186 of 2021
     ======================================================

Kiran Devi Wife of Dilip Kumar Singh Resident of village- Samalauta, P.o.- Banjari, District- Rohtas ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Labour Resources Department, Niyojan Bhawan, J.L.Nehru Marg, Patna

2. The Director, Medical Services Employees State Insurance Scheme 5B, NIyojan Bhawan, J.L. Nahru Marg, Patna

3. The Regional Director, Employees State Insurance Corporation, Panchdeep Bhawan, J.L. Nahru Marg, Patna

4. The Assistant Director, (General Section) Employees State Insurance Corporation, Panchdeep Bhawan, J.L. Nahru Marg, Patna

5. The Insurance Medical Officer, Incharge, Employees State Insurance dispensary, Banjari, District- Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Abhay Kumar Singh For the Respondent/s : Mr. Nagendra Prasad Yadav, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-02-2022 The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents.

Petitioner's counsel to serve copy of the petition to the State

counsel.

3. In the instant petition, petitioner has prayed for

following reliefs:

"1. That this writ application is for issuance of appropriate writs/orders/directions in the nature of writ of Mandamus directing the respondents to make Payment of salary to the petitioner from 25-10-2019, who has been working continuously as Cleaner (Safaikarmi) at Patna High Court CWJC No.5186 of 2021 dt.03-02-2022

Employees State Insurance dispensary, Banjari, Rohtas under the Insurance Medical Officer, Incharge, Banjari, Respondent No. 5 on fixed salary of Rs.

10,000/- per month and being a low paid labour is facing financial hardship."

4. In support of the aforesaid relief, petitioner is stated

to have submitted representations vide Annexure- 2 and 2/1, but

the concerned respondent has not considered the aforesaid

representations relating to entitlement of salary.

5. Therefore, the concerned respondent is hereby

directed to examine the petitioner's claim and decide as to

whether petitioner is entitled to salary or not. If petitioner is

entitled, necessary order and payment of salary shall be made to

him. If the petitioner is otherwise not entitled, a detailed speaking

order shall be passed as to under what circumstances the petitioner

is not entitled to salary. The above exercise shall be completed

within a period of one month from the date of receipt of this order,

failing which petitioner is entitled to litigation cost and it is

quantified @ Rs. 10,000/-

6. With the aforesaid observations, the instant petition

stands disposed of.

(P. B. Bajanthri, J) rakhi/-

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