Sunil Datt v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19030 of 2018 ====================================================== Sunil Datt Son of Late Rajeshwar Ram, resident of Village- Fafout, ViaMeghoul, P.O.- Fafout, P.S.- Khodawanpur, District- Begusarai. Bihar848202. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors 2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3.

The Principal Secretary, Water Recourses Department, Government of Bihar, Sinchai Bhawan, Patna.

4.

The Joint Secretary Management, Water Recourses Department, Government of Bihar, Sinchai Bhawan, P 5.

The Deputy Secretary Management, Water Recourses Department, Government of Bihar, Sinchai Bhawan, 6.

The Under Secretary Management, Water Recourses Department, Government of Bihar, Sinchai Bhawan, P 7.

The Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna.

8.

The Secretary Expenditure, Finance Department, Government of Bihar, Old Secretariat, Patna.

9.

The Officer I/c, Finance Personal Claim Settlement Cell Department, Old Secretariat, Patna.

10.

The Secretary, Rural Works Department, Government of Bihar, Patna. 11.

The Engineer-in- Chief, Rural Works Department, Government of Bihar, Patna.

12.

The Executive Engineer, Rural Works Division, Darbhanga. null null 13.

Accountant General A and E, Bihar, Patna. null null ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnesh Kumar Singh, Advocate For the Respondent/s :

Mr. Anjani Kumar- AAG 4 Mr. Sanjay Kumar, AC to AAG 4 Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-05-2023 Heard Mr. Ratnesh Kumar Singh, learned counsel for the petitioner and the learned counsel for the State.

Patna High Court CWJC No.19030 of 2018 dt.16-05-2023 2/3 Mr. Ratnesh Kumar Singh, learned counsel for the petitioner submits that the case of the petitioner is exactly similar to the case of Shankar Bhagwan Prasad, which has been decided on 03.07.2018 in C.W.J.C. No. 7245 of 2017 by a Bench of this Court.

In the aforesaid case, the notification, which has been impugned in the present petition also, viz., notification contained in Memo No. 490 dated 27.03.2017, has been quashed and the writ petitioner has been held to be entitled to the benefits in the shape of arrears of salary from the date of his joining, which has been directed to be paid on a representation to be filed by the aforesaid petitioner.

Since the case of the petitioner is exactly similar to that of Shankar Bhagwan Prasad, about which reference has been made earlier and the same notification has been impugned in the present petition, which has been quashed in the earlier writ petition, the petitioner would also be governed by the same order.

Patna High Court CWJC No.19030 of 2018 dt.16-05-2023 3/3 In that event, if the petitioner makes a representation before the concerned respondent annexing a copy of the order passed in C.W.J.C. No. 7245 of 2017 along with this order, within a period of four weeks, the concerned respondent shall dispose of the representation by passing necessary sequel order in accordance with law within a further period of four weeks of the receipt of such representation. If the representation would contain other issues also, those too shall be addressed by the concerned respondent within the aforesaid period.

With the aforesaid observation/direction, this petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.05.2023 Transmission Date NA