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Patna High CourtCWJC/3009/2020disposed

Ram Chandra Chaudhary v. The State Of Bihar

2023-12-02Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3009 of 2020 ====================================================== Ram Chandra Chaudhary Son of Late Shiv Balak Chaudhary Resident of Village- Bishunpura, PO- Jagdishpur Kothi, PS- Nautan, District- Siwan, presently posted as- Jeep Driver in the Office of the Executive Engineer, Bikramganj Works Division, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Rural Works Department, Government of Bihar, Visvesvaraya Bhawan, Patna.

3.

The Engineer-In- Chief, Rural Works Department, Government of Bihar, Visvesvaraya Bhawan, Patna.

4.

The Chief Engineer-I, Visvesvaraya Bhawan, Patna. 5.

The Superintending Engineer, Rural Works Department, Rohtas Circle at Sasaram, District- Rohtas.

6.

The Executive Engineer, Rural Works Department, Bikramganj Works Division, District- Rohtas.

7.

The Executive Engineer, Rural Works Department, Danapur Works Division, District- Danapur, District- Patna.

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Adv.

For the Respondent/s :

Mr. Prem Ranjan Raj, AC to SC7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondents to pay the salary of the petitioner with all the admissible benefits and allowance for the period of January 2017 to July 2017.

3. Counsel for the State submits that from the counteraffidavit, it is crystal clear that it is a case of non-joining of

Patna High Court CWJC No.3009 of 2020(2) dt.02-12-2023 2/2 petitioner from January, 2017 to 11.07.2019, due to which payment could not be made.

4. It transpires to this Court that this matter is squarely covered under the Bihar Government Servant Grievance Redressal Rules, 2019 (hereinafter referred to as "the Rule of 2019"). As such, petitioner is directed to avail remedy under the Rule of 2019 within 4 weeks from today and authorities are also directed to pass reasoned order in the light of the Rule of 2019 within 60 days.

5. With the aforesaid direction, the present writ application is hereby disposed of.

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