Citation : 2023 Latest Caselaw 3442 Patna
Judgement Date : 1 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4469 of 2022
======================================================
Ram Binoy Sinha Son of Late Ram Naresh Singh Resident of Pratap Palace Apartment, Flat No.- 404, Krishi Nagar, A.G. Colony, P.S.- Rajeev Nagar, District- Patna.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.
2. The Joint Secretary (Management), Water Resources Department, Bihar, Patna.
3. The Additional Secretary to the Government, Water Resources Department, Bihar, Patna.
4. The Chief Engineer, Flood Control and Drainage, Water Resources Department, Muzaffarpur.
5. The Superintending Engineer, Flood Control and Drainage Circle, Water Resources Department, Motihari.
6. The Accountant General, (A and E), Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Adv. For the Respondent/s : Mr. Dr. Anand Kumar, Adv, Mr. Ramesh Gupta, Adv., Mr. Sanjay Prasad, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 01-08-2023
Heard Mr. Indu Bhushan, learned counsel appearing on
behalf of the petitioner and Mr. Dr. Anand Kumar, Mr. Ramesh Gupta
and Mr. Sanjay Prasad, learned counsels appearing on behalf of the
respondents.
2. Learned counsel appearing on behalf of the petitioner
submits that the petitioner has retired from the post of Executive Patna High Court CWJC No.4469 of 2022 dt.01-08-2023
Engineer on 30.11.2021 while he was posted in Drainage Division,
Bettiah. He seeks to file detail representation before the Additional
Chief Secretary, Water Resources Department, Government of Bihar in
light of the order dated 11.04.2023, passed in C.W.J.C. No. 5005 of
2023 (Tarkeshwar Dhar Dwivedi Vrs. The State of Bihar & Ors.).
Learned counsel further submits that the case of the petitioner is also
covered by a Judgment of Full Bench of this Court as well as Judgment
passed by the Hon'ble Apex Court in case of Dr. Hira Lal Vrs. The
State of Bihar & Ors., reported in (2020) 4 SCC 346.
3. The Additional Chief Secretary, Water Resources
Department, Government of Bihar is directed to dispose of the
representation of the petitioner after providing opportunity of hearing in
light of the law laid down by the Hon'ble Apex Court in case of Dr.
Hira Lal (supra) within a period of six weeks. The payments must be
paid during the aforesaid period to which the petitioner is entitled along
with statutory interest.
4. With the above observation and direction the writ petition
stands disposed of.
(Purnendu Singh, J) pravinkumar/-
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