Raman Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8160 of 2021 ====================================================== Raman Kumar Sinha son of Jagdish Narayan Prasad Resident of Belan Bazar, Quarter No. 8, Police Station- Kasim Bazar, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Department, Bihar, Patna.

2.

The District Magistrate, Munger.

3.

The Sub-Divisional Officer, Sadar, Munger.

4.

The District Establishment Officer, Munger.

5.

The Treasury Officer, Munger.

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

For the Petitioner/s :

Mr. Ratnakar Ambastha For the Respondent/s :

Mr. Md. Khurshid Alam ( AAG-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the State accepts notice for respondents.

Learned counsel for the petitioner is hereby directed to furnish copy of the petition.

In instant petition, petitioner has prayed for the following relief/reliefs:

"I. For issuance of writ in the nature of mandamus directing the

Patna High Court CWJC No.8160 of 2021 dt.14-02-2022 2/3 respondents to make payment of arrears of salary of the petitioner with bank interest from the month of July, 2018 to July, 2020 as per LPC issued by Sub-Divisional Officer, Sadar, Munger on 01.03.2019.

II. For issuance of any other appropriate writ(s), order(s) for which the petitioner is found entitled to in the facts of the case."

Short question for consideration is whether petitioner is entitled for salary or not. In this regard, petitioner submitted representations on 30.03.2019, 26.09.2019 and 13.10.2020 vide Annexure-2, Annexure-2/1 and Annexure-2/2 respectively. Therefore, the concerned respondent is hereby directed to examine the petitioner's representations and decide the grievances of the petitioner within a period of three months from the date of receipt of this order. If the petitioner is entitled to salary alongwith interest @ 6% per annum, the same shall be extended. If the petitioner is not entitled, in that event, a necessary speaking order shall be passed as to why the petitioner is not entitled to salary alongwith interest. The above

Patna High Court CWJC No.8160 of 2021 dt.14-02-2022 3/3 exercise shall be completed within a period of one month from the date of receipt of this order failing which petitioner is entitled to litigation cost which is quantified at Rs.10,000/- (Rupees Ten Thousand). Cost shall be paid by the salary disbursing authority and not from the department or government.

With the above observations, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2022 Transmission Date NA