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Patna High CourtMJC/115/2020disposed

Shailesh Kumar Ojha v. The State Of Bihar

2023-10-06Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.115 of 2020 In Letters Patent Appeal No.1323 of 2018 ====================================================== Shailesh Kumar Ojha S/o Sri Parmanand Ojha R/o Village-Kumhailla, P.S.- Ishwapur District-Saran at Chapra, at Present Posted as Circle Inspector, at Circle-Lehladpur, District-Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

Mr. Vivek Kumar Singh the then Principal Secretary, Presently additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.

Mr. Subret Sen, Collector of the District, Saran, at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Md. Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 06-10-2023 The present M.J.C. is filed for non-compliance of the order dated 30.07.2019 passed in L.P.A. No. 1323 of 2018. The concerned respondent was required to pay arrears of salary read with the fact that petitioner has attained the age of superannuation and retired from service on 31.08.2018.

2. The respondents have taken four long years to comply the order of this Court only to the extent whether petitioner is entitled to arrears of salary or not. The concerned

Patna High Court MJC No.115 of 2020(4) dt.06-10-2023 2/2 official's lethargic attitude in redressing the grievance of retired employee is hereby deprecated.

3. Having regard to the fact that petitioner's grievance has been redressed as on 13.09.2023 in the light of the admitted position on behalf of petitioner, the present M.J.C./contempt petition stands dropped. For delay of four years in complying the order of this Court, the concerned respondent is liable to pay cost and which is quantified @ Rs. 10,000/- (Rupees Ten Thousand). Cost shall be paid to the petitioner within a period of eight weeks, failing which petitioner is at liberty to file interlocutory application to revive this order. (P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./ AbhishekU