Patna High CourtMJC/2612/2017disposed

Ram Chandra Sharma v. The State Of Bihar Through The Secretary, Rural Works Department, Government Of Bihar, Vishwasarya

2018-03-14Mr. Justice Jyoti Saran1 pages

Patna High Court MJC No.2612 of 2017 (3) dt.14-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2612 of 2017 In Civil Writ Jurisdiction Case No. 13515 of 2016 ====================================================== Ram Chandra Sharma Son of Late Bachchu Sharma present resident of Adarsh Vihar Colony, P.S. - Rupaspur, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Rural Works Department, Government of Bihar, Vishwasarya Bhawan, Bailey Road, Patna.

2. Sri Vinay Kumar, Secretary, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patna (Bihar).

3. Sri Sanjaya Kumar, Addl. Secretary, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Patna (Bihar).

4. Sri Dipak Prasad, The Secretary, Planning and Development Department, Govt. of Bihar, Patna.

.... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. Pushkar Narayan Shahi - Aag 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-03-2018 Learned counsel for the parties are present.

It is not in dispute that in compliance of the order of this Court quashing the suspension order the petitioner has joined his post and even though a grievance is raised regarding non-payment of salary by the respondents despite joining of the petitioner but then in absence of mandamus to such effect no case for contempt is made out and even though it is obligation cast on the respondents to make payment of the salary of the petitioner, once he is joined, unless there is reason for doing so, the forum to espouse such grievance for the petitioner would be otherwise than in a contempt jurisdiction and he shall be at liberty to exhaust the same.

The contempt application is disposed of.

(Jyoti Saran, J) Surendra/- U