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Patna High CourtCWJC/3383/2017disposed

Ajit Kumar Rai v. The State Of Bihar And ORS

2017-06-29Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3383 of 2017 ====================================================== Ajit Kumar Rai, Son of Harendra Rai, Resident of Village-Makhadumganj,- Post Gheghata, District-Chapra, Police Station-Mufassil, District-Chapra (Saran), at Present Posted as Kaithi Translator, Sonepur Circle Office, Pin no. 841301.

.... .... Petitioner

Versus

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

2. The District Magistrate, Chapra at Saran

3. The Additional District Magistrate, District Revenue Branch, Saran at Chapra.

4. The Circle Officer, Sonepur, Saran.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Shekhar, Adv. For the Respondent/s : Mr. Sajid Salim Khan, SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-06-2017 Heard Mr. Rajeev Shekhar, learned counsel for the petitioner and Mr. Sajid Salim Khan, learned SC-25, for the State. The petitioner prays for an appropriate direction to the Collector, Saran at Chapra as well as the Circle Officer, Sonepur to make payment of the remuneration to which he is entitled for having work as a Translator following his engagement vide notification bearing Memo No. 303 dated 26.3.2013, a copy of which is placed at Annexure 2 to the writ petition. The complaint is that although the petitioner was engaged for translation of the Khatiyan written in Kaithi script and though he has worked as per engagement but the remuneration is not being paid in spite of the direction of the Collector, Saran at

Patna High Court CWJC No.3383 of 2017 (2) dt.29-06-2017 Chapra in the engagement notification directing the Circle Officer concerned to make payment for the work taken from the petitioner and others. The Circle Officer concerned in the present case would be the Circle Officer, Sonepur (respondent no.4). Mr. Shekhar, learned counsel appearing for the petitioner, in reference to the representations placed at Annexures 4 series as well as the statement present at paragraph 13 submits that on enquiry the Circle Officer, Sonepur (respondent no.4) has assigned non-availability of fund as the reason for non-payment of the remuneration.

Having heard learned counsel for the parties and considering the limited grievance prayed herein and taking note of the specific statement made by the petitioner at paragraph 13 of the writ petition as well as representations on record at Annexures 4 series, I deem it proper to dispose of the writ petition with a direction to the Collector, Saran at Chapra to enquire into the matter and pass appropriate order in regard to payment of remuneration to the petitioner for the period of his engagement in terms of his own order present at Annexure 2, which direction be issued within a maximum period of six weeks from the date of receipt/ production of a copy of this order.

Patna High Court CWJC No.3383 of 2017 (2) dt.29-06-2017 The writ petition is disposed of with the aforementioned direction.

(Jyoti Saran, J) Surendra/- U