Ramvinesh Suman And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3134 of 2018 ======================================================

1. Ramvinesh Suman, son of Late Bengali Rajak, Resident of Mohalla- Krishna Vihar Colony, Lock No. 11, Bahiro Ara, P.S.- Ara, District- Bhojpur.

2. Narendra Kumar, son of Late Rajeshwar Singh, Resident of Village- Maner Telpa, P.O. Vikram, District- Patna.

3. Umesh Sharma, son of Late Damodar Sharma, Resident of Village- Baunharpur, P.S.- Vikram, District- Patna.

4. Saryug Sharma, son of Late Balgovind Sharma, Resident of Village- Goraila, P.S.- Naubatpur, District- Patna.

5. Ramashish Ram, son of Late Deokrit Ram, Resident of VillageGadopur, P.S.- Karpi, District- Arwal. ... ... Petitioner/s

Versus

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

2. The Director, Scheduled Caste and Scheduled Tribe Welfare Department, Government of Bihar, Patna.

3. The District Welfare Officer, District- Arwal.

4. The Principal, Dr. Bhim Rao Ambedkar Residential Girls High School, Arwal, District- Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Dubey For the Respondent/s :

Mr. S.K. MANDAL- SC3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Learned counsel for the petitioners submits that in view of the decision of the Government which is applicable in case of these petitioners also. They are entitled to payment of salary on contractual appointment on superannuation. He submits that petitioners are entitled to salary and pension plus dearness allowances and as such the District Welfare Officer has issued various letters seeking guideline in the matter of grant of dearness allowance but respondents are indecisive as a result thereof, petitioners are not getting dearness allowance to which

Patna High Court CWJC No.3134 of 2018(2) dt.09-03-2018 2/2 the petitioners are entitled in terms of policy decision of the State Government.

Since no decision one way or the other was taken by the respondents, it is desirable that the writ petition may be disposed of with direction to respondent no.2 the Director, Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar who is required to take final decision as to the entitlement of the petitioners and issue appropriate guidelines to the District Welfare Officer, Arwal so that the grievance of the petitioners with regard to payment of dearness allowance in terms of policy of the Government of Bihar may be redressed.

The court hope and trust that the Director (Respondent no.2) will take final decision in this regard so that the monetary benefits admissible to the petitioner is extended within a maximum period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U