Lakshmi Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17681 of 2018 ====================================================== Lakshmi Sah, Son of Late Lala Sah, resident of Village-Madhubani, P.O.- Patahi Madhubani, P.S.-Muzaffarpur Sadar, Distt.-Muzaffarpur. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Old Secretariat, Government of Bihar, Patna.

2.

The Secretary Department of Water Resources-Cum-Chairman, Bihar State Construction Corporation Limited, Bihar, Patna. 3.

The Bihar State Construction Corporation Limited through its Managing Director, Office at Khwaja Imli, Anisabad, Patna. 4.

The Managing Director, Bihar State Construction Corporation Limited, Office at Khwaja Imli, Anisabad, Patna.

5.

The Secretary, Administration, Bihar State Construction Corporation Limited, Office at Khwaja Imli, Anisabad, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Anil Kumar Choudhary, Advocate.

For the State :

Mr.Anjani Kumar, A.A.G. 4.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and learned counsel for the respondents through virtual mode. The following reliefs have been sought for by the petitioner in the present writ application.

(i) For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus commanding the appropriate concerned authority respondent/respondents to make payment of the entire due salary and retiral benefits etc., to the petitioner including Gratuity and dues of Earned Leave with appropriate interest on the same, till the date of payment and all other dues without any delay as the petitioner has retired from the service on superannuation at the age of 58 years on 31.01.2015 from the post of Typist from the Motihari Office Unit of Bihar State Construction Corporation

Patna High Court CWJC No.17681 of 2018(4) dt.27-01-2021 2/2 Limited after performing his service more than 36 years with unblemished records but he is facing commence hardships in waste of money for urgent necessity for treatment of him and his wife as both are suffering from several old diseases and its needs heavy amount for the same as well as for marriage of his daughter and for that the petitioner has come under heavy local debts and dues from money concern including his relative and others.

(ii) For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus commanding the appropriate concerned authority respondent/respondents to make payment of all arrears to the petitioner which have not been paid in regard to salary for which he is entitled and the arrears are due since April,1993 upto his superannuation i.e., 31.01.2015 as he worked on the post of Typist in the Motihari Unit of the Corporation.

It has been submitted on behalf of respondent nos. 3 to 5 that the issue has already been decided by the Hon'ble Division Bench in L.P.A. No. 177 of 2018 under order dated 08.10.2018.

The present writ application is disposed of in terms of the order passed by the Hon'ble Division Bench in L.P.A. No. 177 of 2018 under order dated 08.10.2018.

(Sudhir Singh, J) U.K./- U