Shankar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1046 of 2019 ====================================================== Shankar Kumar, son of Late Somari Mahto, Resident of Bhawan No. 71, Kamruddinganj, Police Station - Kamruddinganj, District - Nalanda. ... ... Petitioner/s

Versus

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

2. The Collector-cum-District Magistrate, Nalanda.

3. The Additional Collector, Nalanda.

4. The Sub-Divisional Officer, Rajgir, Nalanda.

5. The Circle Officer, Rajgir, Nalanda.

6. The Circle Officer, Ben, Nalanda.

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

For the Petitioner : Mr. Tej Narayan Singh, Advocate For the Respondents : Mr. Md. Khurshid Alam- Aag12.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 14-02-2019 Heard the learned counsel for the petitioner and the State.

2. The petitioner is aggrieved by the fact that despite his rendering service as a Driver from 18.01.2011 till 03.11.2018 he has not been paid his entire salary for the period that he has worked. A vague statement has been made by the petitioner, without stating any reason as to why some amount of the salary has been withheld from him. All that has been stated by the petitioner is that he has received a total amount of Rs. 2,00,726/- out of Rs. 5,92,824/- and thus the balance amount of Rs. 3,92,098/- ought to be paid to him.

Patna High Court CWJC No.1046 of 2019 dt.14-02-2019 2/2

3. In the absence of any details of the payment and for which months and for what reason the same was withheld from him, this Court is constrained to issue any mandamus with any specific direction.

4. However, since the petitioner is a Class-IV employee who has rendered his services and for which he ought to be paid, this Court only directs him to make a representation before the Collector-cum-District Magistrate, Nalanda, ventilating his grievances but giving details of the months for which he has not been paid his salary, within a period of four weeks from today. On receipt of such representation, the same shall be disposed of by the concerned respondents within a period of four weeks thereafter. If the salary of the petitioner for the period that he has worked has not been paid to him, it must be paid forthwith, subject to his entitlement for the same.

5. With the aforesaid direction/observation, the writ petition is disposed off.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2019 Transmission Date