Ganesh Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 4684 of 2016 ====================================================== 1.1. Neeraj Kumar, aged about 40 years (Male), Son of late Ganesh Paswan, R/o Indrapuri, Road No. 10, P.O. Keshari Nagar, P.S. Patliputra, Distt. Patna. 1.2. Smt. Seema, aged about 42 years (Female), D/o of late Ganesh Paswan, W/o Anil Kumar, R/o House No. 5, Road No. 10, Indra Puri, Keshari Nagar, P.S. Patliputra , Distt. Patna.

1.3. Smt. Shalni Kumari, aged about 39 years (Female), D/o late Ganesh Paswan, W/o Sri Manoj Kumar, R/o 587/B, Regent, Near Shipra Mall, Indrapuram, Shipra Sun City, P.S. Indrapuram, Ghaziabad, U.P. 1.4. Smt. Soni Kumari, aged about 35 years, (Female) D/o late Ganesh Paswan, W/o Sri Ishtdeo Mahadeo, Flat No. 401, Dropadi Kunj Apartment, Road No. 1, F, New Patliputra Colony, P.S. Patliputra, Distt. Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Panchayati Raj Department, New Secretariat, Government of Bihar, Patna 2.

The Principal Secretary, Panchayati Raj Department, New Secretariat, Government of Bihar, Patna 3.

The Deputy Director-Deputy Secretary, Panchayati Raj Department, Government of Bihar, Patna 4.

The Special Executive Officer, Panchayati Raj Department, Government of Bihar, Patna 5.

The District Panchayati Raj Officer, Gaya 6.

The District Magistrate, Gaya 7.

The Block Development Officer, Gaya Sadar 8.

The Administrator, Bihar State Agriculture Marketing Board (Dissolved), Pant Bhawan, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Jai Prakash Verma, Advocate For the Respondent/s :

Mr Mahendra Pd Verma, AC to SC XX ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and the respondent-State.

The petitioners' claim in the instant writ petition is

Patna High Court CWJC No.4684 of 2016(4) dt.14-11-2019 2/2 that upon repeal of the Bihar Agriculture Marketing Produce Act, the original petitioner was absorbed in Government service. The petitioners claim that the original petitioner should be paid salary as a Government servant from the Panchayati Raj Department from the date of his being relieved, i e, 07.09.2008 and, therefore, he should be allowed salary from that date. Respondents have come out with a specific plea in the counter affidavit that the original petitioner joined in the Panchayati Raj Department on 04.12.2008. From the said date till 30.06.2009, i e, the original petitioner's date of retirement, he has been granted the benefits of salary vide Cheque No 388566 dated 07.11.2009. The dues admissible to the original petitioner have been paid and, therefore, now nothing survives in the writ petition.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U