Patson Grafics Represented Through Sanjeev Kumar v. The Secretary, Sc/St Welfare Department And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2611 of 2019 ====================================================== Patson Grafics Represented Through Sanjeev Kumar male, age about 49 years, Son of Ram Prasad Vishkarma, Resident of Near Durga Mandir, Shahganj, District at Patna.

... ... Petitioner/s

Versus

1.

The Secretary, SC/ST Welfare Department, Bihar, Patna. 2.

The Director, SC/ST Welfare Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Dayal For the Respondent/s :

Mr.Smt. Kumari Amrita (Gp3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2019 Petitioner in the present case is seeking a writ of mandamus directing the respondent authorities to pay what the petitioner claims to be an admitted amount of Rs.90,000/- as an outstanding dues on account of the work done by the petitioner towards preparation of hoarding and banners etc., on the occasion of Independence Day of the Year, 2013. Petitioner has also prayed for interest thereon at the rate of 15% per annum. Referring to Annexure '1' to the writ application which is a letter written by the Mission Director, to the petitioner on 07.08.2013, learned counsel for the petitioner submits that the petitioner was given the work order with certain conditions which the petitioner had fulfilled by rendering satisfactory service. Learned counsel submits that despite the

Patna High Court CWJC No.2611 of 2019(2) dt.03-05-2019 2/3 work done by the petitioner he has not received the entire amount as per the work order. Learned counsel for the petitioner, however, submits that 75% of the amount under the work order has been received by the petitioner. Learned counsel for the State submits that the statement of the petitioner would be required to be verified by the competent authority in order to ascertain as to whether the claim of the petitioner is genuine, just and proper. Considering the facts and circumstances of the case, this Court directs the Director, SC/ST Welfare Department, Government of Bihar, Patna (Respondent No.

2) to look into the grievance of the petitioner, consider the same on the basis of the materials which may be available on the record and in case it is found that the petitioner has actually rendered the work as per Annexure '1' and has become entitled to get the entire amount under the work order, the Respondent No.2 shall pass an appropriate order with respect to payment of the admitted amount to the petitioner within a period of 60 days from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.2611 of 2019(2) dt.03-05-2019 3/3 payment of interest. This Court is of the considered opinion that if any amount is admittedly required to be paid to the petitioner for the work said to have been done by him, it would be in the fitness of the things to make the payment within the prescribed period of 60 days as stated above failing which respondents would be liable to pay interest at the rate of 6% per annum on the admitted amount.

The writ application stands disposed of, accordingly. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U