Bhagwan Goswami v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11261 of 2016 ====================================================== Bhagwan Goswami son of Late Bulak Goswami resident of MohallaHanumanbagh Colony, Madhubani, Police, Station- Raj Nagar, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors.

2.

Director-in-Chief Administrative Health Services, Bihar, Patna. 3.

Civil Surgeon-cum-Chief Medical Officer, Madhubani. 4.

Incharge Medical Officer, Primary Health Centre, Babubarhi, DistrictMadhubani. 5.

District Treasury Officer, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Adv.

For the Respondent/s :

Smt.Binita Singh, SC-28 :

Mr. Sudhanshu Trivedi, Ac to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-02-2023 Heard learned counsel for the petitioner and learned counsel for the Respondents.

Counsel for the petitioner submits that petitioner has filed this writ application for issuance of Mandamus directing to the respondent to pay the due salary of the petitioner with a specific period i.e. from 01.02.1986 to 28.02.1986, 01.02.1988 to 14.12.1988, 01.11.1989 to 31.03.1991, 01.03.1992 to 03.12.1993, 01.08.1996 to 03.12.1999, 01.12.2005 to 29.06.2006, 30.06.2006 to 31.10.2008 and 26.11.2008 to 08.05.2009.

Counsel for the State submits that the State has

Patna High Court CWJC No.11261 of 2016(3) dt.06-02-2023 2/2 sanctioned the salary of those periods in which petitioner was present in the office but there are certain periods in which the petitioner himself has shown his absence from the office. Counsel for the petitioner submits that this writ application may be disposed off granting liberty to the petitioner to produce the period in which he was presented in the office, within 4 weeks from the date of this order.

If the petitioner shall file representation with proofs of his presence during the said period of the office then respondent is directed to pass a speaking and reasoned order on the same and assure the payment within the same period, if not, then also respondent is directed to pass a speaking and reasoned order. With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) ashishsingh/- U