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Patna High CourtCWJC/9503/2001disposed

Kailash Prasad Modi v. The State Of Bihar And ORS

2018-03-06Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9503 of 2001 ====================================================== Kailash Prasad Modi son of late Shukhdeo Prasad Modi resident of village Chara Bargoan, P.S.-Sahkund, District-Bhagalpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Engineer Ganga Pump Nahar Bhagalpur District-Bhagalpur

3. The Superintending Engineer Ganga Pump Nahar, Circle Munger District Munger

4. The Executive Engineer, Ganga Pump Nahar, Division Sultanganj, DistrictBhagalpur

5. The Assistant Engineer, Ganga Pump Nahar Sub-Division No. III Sultanganj District-Bhagalpur

6. The Assistant Engineer Ganga Pump Nahar, Mechanical Sub-Division Sultanganj District-Bhagalpur

7. The Section Officer Ganga Pump Nahar, Sub-Division No. III Sultanganj Section 60, District-Bhagalpur

8. The Section Officer Ganga Pump Nahar Mechanical Sub-Division, Sultanganj Section 57, District-Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 06-03-2018 The learned counsel for the petitioner and the learned counsel for the State are not present.

The matter relates to non-payment of daily wages salary from August, 1995 to June, 2001.

From the record, it appears that the termination of the petitioner was challenged before this Court in C.W.J.C. No. 1808

Patna High Court CWJC No.9503 of 2001 dt.06-03-2018 2/3 of 1996 and this Court vide order dated 16.08.1996 passed the order of status quo and whereafter, the Assistant Engineer (Mechanical) vide letter No. 86 dated 25.08.1995 directed the petitioner to mark attendance and carry out work assigned to him. The said C.W.J.C. No. 1808 of 1996 has been dismissed for default vide order dated 12.10.2010 and as such, the order of termination of service has remained unaffected, but the present case is only for the limited purposes of payment of salary. After the status quo order, the Assistant Engineer (Mechanical) vide letter dated 25.08.1995 directed the petitioner to remain present at work place and carry out the job.

Prima facie, the letter reflects that he was asked to discharge the duty after the order of termination but the writ petition as well as from the counter affidavit does not reflect clear picture. So, this Court does not feel inclined to issue a writ of mandamus to the respondents to make payment of the salary for the period as claimed in the writ application, but for convenience, the petitioner is directed to file a detailed representation before the Respondent No. 3, the Superintending Engineer, Ganga Pump Nahar, Circle Munger, District- Munger who examine the case of petitioner and pass reasoned order. The exercise should be completed within three months.

Patna High Court CWJC No.9503 of 2001 dt.06-03-2018 3/3 Accordingly, the writ application is disposed of. (Shivaji Pandey, J) ajay gupta/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.03.2018 Transmission Date 12.03.2018