Arbind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3883 of 2016 ====================================================== Arbind Kumar S/o Balkishun Singh, resident of village- Karmichak, Mahuli Tola, P.O.- Anishabad, P.S.- Anishabad, District- Patna, At posted at D.R.D.A. Office, Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Ruler Department, Bihar, Patna 3.

The District Magistrate-cum-Chairman, D.R.D.A., Patna 4.

The Deputy Development Commissioner-cum-Chief Executive 5.

Director, D.R.D.A., Patna office at Vikash Bhawan, Collectoriate, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Shashi Shekhar Kishore For the Respondent/s :

Mr.Anil Kumar- GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2019 Heard leaned counsels for the parties.

The present writ application has been filed for the relief as prayed for in paragraph 1, which reads as follows: "I. Issuance of a direction/order or writ including writ in the nature of Mandamus/Certiorari commanding the respondents increase monthly remuneration also to Data Entry Operator posted on contract under District Rural Development authority)D.R.D.A.) likewise other contract employees of D.R.D.A. contained in Letter No.-199664 dt. 04.09.2014 issued by Secretary of the Department, as petitioner is holding post of Data Entry Operator and is aggrieved by the above said action.

Patna High Court CWJC No.3883 of 2016(3) dt.21-12-2019 2/3 II. Issuance of direction/order or writ including writ in the nature of Mandamus commanding the respond not to discriminate/deprived of petitioner his legal right as provided to other contract employees of the Department."

A stand has been taken in paragraph nos. 7 and 8 of the counter affidavit filed by respondent nos. 3,4 and 5 that necessary direction has been issued for making payment of remuneration to the Data Entry Operators in D.R.D.A. from contingency fund and consequently the order of payment of Rs.1,57,520/- has already been made. Paragraph nos. 7 and 8 of the counter affidavit read as follows:

"7. That it is needful to state that the Rural Development Department, government of Bihar vide Letter No. 248507 dated 23.09.2015 (Annexur-B) has directed the Deputy Development Commissioner (DDC) Patna to make the payment of salary of the computer operators working in DRDA from the contingency fund of the DRDA till further order is issued in this regard.

8. That the office of the DRDA in light of the aforesaid direction issued Memo No. 1897 dated 12.08.2016 (Annexure -C) whereby it has been directed to make the payment of the petitioner amounting to rupees 1,57,820/- (One lac Fifty

Patna High Court CWJC No.3883 of 2016(3) dt.21-12-2019 3/3 Seven Thousand Eighty Hundred Twenty) only."

In view of the stand taken by the respondent authorities in the counter affidavit quoted above, this writ application is disposed of with a liberty to the petitioner to represent before the appropriate authority for redressal of further grievances, if any.

(Dinesh Kumar Singh, J) anil/- U