Shiv Shankar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1583 of 2019 ====================================================== Shiv Shankar Sah son of Late Brinchi sah mohalla-lal Darwaja, P.s. Kotwali, District-Munger ... ... Petitioner/s

Versus

1. The State Of Bihar Through, Principal Secretary, Department of social welfare, Government of Bihar.

2. Secretary, Department of Social Welfare Government of Bihar,Patna

3. District Officer munger

4. District Welfare officer Munger

5. Director of Remand Home. Govt. of Bihar,Patna.

6. Dy. Director Social Welfare Munger

7. In-Charge Remand home Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey For the Respondent/s :

Mr. S K Mandal (SC3) Ms. Neelam Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner has preferred the present writ petition for payment of the wages for the period that he worked as a daily-wager from 01.01.1995 to 15.03.1998 as a Night Guard in the Remand Home, Munger.

Learned counsel for the petitioner has submitted that after the petitioner left the job in the year 1998, he has been able to make his two ends meet by begging and is physically challenged as well. He has further submitted that

Patna High Court CWJC No.1583 of 2019(2) dt.30-01-2019 2/3 the Superintendent of Remand Home, Munger has certified vide Annexure-2 that the petitioner had worked as dailywager / Night Guard for a particular period for which he was not paid his wages. Till date, no payment has been made, even though more than 20 years have passed by since he left working in the Remand Home.

Regard being had to the physical disability of the petitioner as also that he has not been paid for the period he had worked on daily-wages as a Night Guard, this Court directs the petitioner to make a representation before the Respondent No. 2 / Secretary, Department of Social Welfare, Government of Bihar, Patna, enclosing a copy of the present order along with his claim within a period of four weeks from today. On receipt of such application, the Respondent No. 2 would seek necessary information from the concerned office / department and if the claim of the petitioner is found to be correct, shall pass necessary orders for expediting the payment of such dues of the petitioner at the earliest, preferably within a period of six weeks of the receipt of the representation.

Patna High Court CWJC No.1583 of 2019(2) dt.30-01-2019 3/3 The petitioner shall also be permitted to raise other claims, as has been raised in the present petition in the aforesaid representation.

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

(Ashutosh Kumar, J) skm/- U