Parikha Ram vs The State Of Bihar
2022 Latest Caselaw 923 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5361 of 2021
     ======================================================

Parikha Ram Son of Late Gahanu Ram Resident of Village-Powakhali, P.S.- Powakhali, District-Kishanganj.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Public Heealth Division, Bihar, Patna.

2. The Chief Engineer, Public Health Division, Purnea, District-Purnea.

3. The Supetintending Engineer, Public Health Circle, Purnea, District-Purnea.

4. The Executive Engineer, Public Health Division, Purnea, District-Purnea.

5. The District Treasury Officer, Purnea, District-Purnea.

6. The Secretary-Cum-Commissioner, Department of Finance, Old Secretariat, Bihar, Patna.

7. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Respondent/s : Mr. Lalit Kishore (Ag) ====================================================== 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 accepts notice for the respondents.

3. Counsel for the petitioner is hereby directed to furnish

hard copy of the writ petition to the counsel for the State.

4. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That the Petitioner craves indulgence of this Hon'ble Court for issuance of an appropriate Writ in the nature of Mandamus for giving the arrear salary of the petitioner in the light of Order dated 29.10.2018, passed by Executive Engineer, Public Health Division, Purnea as Patna High Court CWJC No.5361 of 2021 dt.03-02-2022

contained in Annexures-1, 1/1 and ½ and its consequential benefit in retiral dues and pensionary benefit and further for issuance of appropriate Order/Direction for giving statutory interest and also for imposing suitable cost for inordinate delay made by respondents in genuine payment of arrear salary of the petitioner."

5. Short question for consideration is whether petitioner is

entitled to arrears of salary or not? In this regard, petitioner has

submitted representations on 27.07.2017 and 11.06.2020 vide

Annexures 2 and 2/1. The concerned respondent has not acted on the

petitioner's representation, therefore, the concerned authority is

hereby directed to decide petitioner's aforesaid representations within

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

which, the petitioner is entitled to litigation cost and it is quantified

@ of Rs. 10,000/-. If the petitioner is entitled to arrears of salary and

other benefits, the same shall be calculated and disbursed within a

period of one month. If he is not entitle, in that event, speaking order

shall be passed as to how his is not entitle and communicate the

decision.

6. With the above observations, writ petition stands

disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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