Shashi Kant Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1791 of 2015 =========================================================== Shashi Kant Upadhyay, aged about 58 years, Son of Sri Harihar Upadhyay Resident of vill-Surajpura, P.S-Ramgarh, Distt.-Kaimur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Labour Resources Department, Bihar, Patna.

3. Labour Commissioner, Labour Resources Department, Bihar, Patna.

4. Deputy Labour Commissioner, Patna Division ,Patna

5. Joint Labour Commissioner, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Mukesh Kumar, Advocate For the S t a t e : Mr Ravindra Kumar, AC to AAG VI =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 23-07-2018 Heard learned counsel for the petitioner and the respondent-State.

2 Petitioner's learned counsel, being faced with the fact of unauthorized absence of more than 11 years, very fairly confines his prayer to the issue regarding admissibility of subsistence allowance from 20.12.2007 that is the date when he submitted his joining till the award of punishment of dismissal dated 21.08.2013. 3 It is submitted by the learned counsel that since no decision has been taken regarding subsistence allowance for the period during which the proceedings were continuing and during which he would be deemed to be under suspension, he will approach

Patna High Court CWJC No.1791 of 2015 dt.23-07-2018 2/2 the authorities with his claim in respect of the said period, treating the said period as period of suspension.

4 In view of limited nature of prayer made by the learned counsel for the petitioner, this Court would allow the petitioner to approach respondent No 2 with his detailed and comprehensive claim. Such claim must be filed within a period of four weeks from today.

5 In the event, such claim is filed, respondent No 2 would be obliged to consider the same and pass reasoned and speaking order on the same within three months thereafter. 6 Writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2018 Transmission Date NA