Sukhdeo Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14721 of 2014 ====================================================== Sukhdeo Das Son of Late Gaya Das Resident of Kaushikanath Jha Lane, Champa Nagar, P.S. - Nathnagar, District - Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Secondary Education, Government of Bihar, Patna.

3. The District Education Officer, Bhagalpur, District - Bhagalpur.

4. The Headmaster, Sharda Pathshala High School, Kahalgaon, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Mishra, Advocate For the Respondent/s :

Mr. Kamlesh Kumar Singh, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner is non-payment of difference of arrears of salary on the revision of pay-scale. Learned counsel submits that on account of pay revision, the respondents have not paid revised pay-scale from April 2007 to July, 2008.

The petitioner has superannuated on 31.7.2008 and for the last 10 years the matter is pending at the level of the respondents.

Referring to Annexure-B learned counsel for the petitioner submits that on 13.7.2016 the District Programme Officer (Establishment), Bhagalpur has sent letter to the Under Secretary of the Education Department, Patna in relation to payment of difference of arrears of revised pay-scale.

Patna High Court CWJC No.14721 of 2014(2) dt.03-08-2018 2/2 He submits that the aforesaid letter is indicative of the fact that respondents adopted dilly-dally in addressing the grievance of the petitioner in making payment of the arrears of revised pay-scale.

Considering the totality of facts situation particularly the fact that the petitioner has superannuated on 31.7.2008 and for the last eight years the respondents are consuming time in settling the claim of the petitioner for payment of arrears of revised pay scale, the writ petition is disposed of with direction to the District Programme Officer, Bhagalpur to take steps for payment of arrears of revised pay-scale for the aforesaid period within a period of sixty days from the date of receipt/production of a copy of this order.

In the event the delay in making payment of arrears of revised pay scale arrears will carry interest at the rate of 12 per cent per annum after expiry of the aforesaid of sixty days. The official of the Education Department shall pay interest from their own pocket.

With the aforesaid, the writ petition stands disposed of.

Ravi/- (Anil Kumar Upadhyay, J) U