Ashok Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 2576 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8418 of 2020
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Ashok Kumar Singh S/o Late Satyanarayan Singh Resident of Village- Ward No.6, Rajaura, P.O.- Bishnupur Ahok, P.S.- Sahebpur Kamal, District- Begusarai.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Department of Industries, Bihar, Patna.

2. The Managing Director, Bihar State Handloom and Handicrafts Corporation Ltd., Udyog Bhawan, Gandhi Maidan, Patna.

3. The Commissioner, Industries Development Department, Bihar, Patna.

4. The Chief Accounts Officer, Bihar State Handloom and Handicrafts Corporation Ltd., Udyog Bhawan, Gandhi Maidan, Patna.

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

For the Petitioner/s : Mr. Gopal Krishna, Advocate Mr. Ranjeet Kumar Singh, Advocate For the State : Mr. Subhas Prasad Singh, G.A.03 Mt. Ghanshyam Sharma, AC to GA-03 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 19-06-2023

Heard Mr. Gopal Krishna, learned counsel assisted

by Mr. Ranjeet Kumar Singh, learned counsel appearing on

behalf of the petitioner and Mr. Subhas Prasad Siungh, learned

G.A-03 for the State.

2. Mr. Gopal Krishna, learned counsel assisted by

Mr. Ranjeet Kumar Singh, learned counsel appearing on behalf

of the petitioner informs this Court that all the admissible retiral

dues has already been paid. The petitioner as on date is only

aggrieved for non payment of one year salary which was

required to be paid to him for certain period has not been paid to Patna High Court CWJC No.8418 of 2020 dt.19-06-2023

him till date.

3. This Court, having gone through the records of

case, finds that the fact which is culled out from the pleadings is

that petitioner was appointed on 10.07.1995 and had

superannuated on 31.12.2016. The petitioner admits that all the

admissible retiral dues has been paid to him. However, he is

aggrieved by non-payment of salary for some period, which has

not been specified by the petitioner in the present writ petition.

The petitioner, if so advised, may file a detailed representation

before Respondent no. 2, the Managing Director, Bihar State

Handloom and Handicrafts Corporation Ltd., the respondent

No.2, who is directed to pass reasoned order and dispose of the

representation of the petitioner within a period of six weeks. He

is further directed to ensure payment of any admissible dues

including the salary which are required to be paid to the

petitioner within the said period along with up to date statutory

interest. In case of rejection of the claim of the petitioner, the

petitioner must be provided with all the relevant records relating

to the service period which must reflect that no further payment

is required on account of non-payment of salary as claimed by

the petitioner. The petitioner in that case must be given proper

opportunity of hearing to defend his case and must be allowed Patna High Court CWJC No.8418 of 2020 dt.19-06-2023

to bring on record evidences in support of his claim that he has

not been paid for any relevant period of his service on account

of his salary.

4. With the above observations and directions, the

present writ petition stands disposed of.

                                                 (Purnendu Singh, J)
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Uploading Date          20.06.2023
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