Anurup Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3189 of 2019 ====================================================== Anurup Mandal, aged about 36 years, Gender-Male, S/o- Mishrilal Mandal, Ward No. 15, R/o-Village-Nahar, P.O.-Bhagwatipur, P.S.-Pandaul, DistrictMadhubani. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Additional Commissioner cum Secretary, Education Department, Government of Bihar, Patna.

4. The Additional Secretary, Education Department, Government of Bihar, Patna.

5. The Joint Secretary, Education Department, Government of Bihar, Patna.

6. The Director (Administration), Education Department, Government of Bihar, Patna.

7. The Director (Establishment), Education Department, Government of Bihar, Patna.

8. The Director (Higher Education), Education Department, Government of Bihar, Patna.

9. The Joint Director, Higher Education, Education Department, Government of Bihar, Patna.

10. The Accounts General (Accounts and Entitlement), Mahalekhar Bhawan, Birchand Patel Marg, R.Block, Patna.

11. The Deputy Accounts General (Accounts and VLC), Mahalekhar Bhawan, Birchand Patel Marg, R.Block, Patna.

12. The Deputy Accounts General (Gazetted Entitlement), Mahalekhar Bhawan, Birchand Patel Marg, R.Block, Patna.

13. The Director, Mithila Sanskrit Research Institute, Darbhanga.

14. Dr. Deo Narayan Yadav, the Director, Mithila Sanskrit Research Institute, Darbhanga.

Patna High Court CWJC No.3189 of 2019 dt.20-02-2019 2/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 13, Adv.

Mr. Rohit Kumar, Adv.

For the State :

Mr. Madhaw Prasad Yadaw (GP-23) Mr. Sanjay Kumar (AC to GP-23) For the Respondent Nos. 13-14 : Mr. Chaitanya Swaroop, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 20-02-2019 The petitioner is aggrieved by the fact that for the period 2006 to the year 2011, even though he worked under the control of the Principal Secretary, Education Department, Govt. of Bihar, Patna (respondent No. 2), he has not been paid his salary.

2. It appears that the petitioner was appointed on compassionate ground in the year 2005. Later, his services were absorbed in the Education Department and during that period, he remained under the control of the Principal Secretary, Education Department, Govt. of Bihar, Patna (respondent No. 2), till 09.12.2011. Unfortunately and inexplicably, the service record of the petitioner of that period is not available. However, the petitioner continued to render his services for the period, but was not paid the salary. The petitioner is still in service, but in

Patna High Court CWJC No.3189 of 2019 dt.20-02-2019 3/3 different capacity and at a different place.

3. Under the aforesaid circumstances, this Court deems it appropriate to direct the petitioner to make a fresh representation before the Principal Secretary, Education Department, Govt. of Bihar, Patna (respondent No. 2), detailing his grievances, within a period of four weeks from today. On receipt of such representation, the concerned respondent shall have the facts verified and then shall take a decision disposing off the aforesaid representation within a further period of six weeks thereafter by a reasoned order. If the claim of the petitioner is found to be tenable, needless to state that necessary sequel order shall also be passed for payment of salary for the period that he has not been paid.

4. With the aforesaid observation and direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.02.2019 Transmission Date N/A