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Patna High CourtCWJC/3374/2025allowed

Dinesh Kumar Singh v. The State Of Bihar

2025-02-25Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3374 of 2025 ====================================================== Dinesh Kumar Singh, Son of Sri Ramyash Singh, Resident of Mathurapur, P.S. Turkauliya, District-East Champaran and presently posted at Pipra Kothi Block as Jan Sevak P.S. Pipra Kothi, P.S. Pipra Kothi, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna.

2.

The District Magistrate, East Champaran at Motihari. 3.

The District Panchayat Raj Officer, East Champaran, Motihari. 4.

The Sub-Divisional Magistrate Areraj, Motihari, East Champaran. 5.

The Block Development Officer, Harsidhi, District East Champaran, Motihari.

6.

The Block Development Officer, Pipra Kothi, District-East Champaran, Motihari.

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

For the Petitioner/s :

Mr. Binod Kumar Singh, Adv.

For the Respondent/s :

Mr. Ajit Kumar, GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-02-2025 Heard the parties.

2. The petitioner is aggrieved with the inaction of the respondent authorities in not issuing the Last Pay Certificate (LPC) and sending the service-book of the petitioner from Harsidhi Block to the office of the Block Development Officer, Piprakothi; notwithstanding, his transfer from Harsidhi Block to Piprakothi as Jan Sevak long back on 08.07.2022, pursuant to the direction of respondent no.6.

3. It is the contention of the petitioner that due to non-

2/4 issuance of the LPC and sending it alongwith the service-book to the transferred place, the petitioner has been deprived from his salary for more than thirty two months. The reason attributable to non-issuance of the LPC has been summarized in para-13 of the writ petition that while the petitioner was working in the office of Harsidhi Block, an amount of Rs. 1,74,500/- was drawn till 15.10.2020 against outstanding amount of Rs. 2,18,000/- but no soil/brick soling work was done and thus a demand was made by the concerned B.D.O.

Referring to the Annexures-4 and 5, it is further contended that the concerned Block Development Officer, Piprakothi, requested the concerned authorities for sending the LPC after adjustment of due amount after entering in the LPC of the petitioner so that he may be allowed regular salary; nonetheless, the respondent authorities are sitting tight over the matter. Moreover, the petitioner has filed a representation before the respondent no.2 with an undertaking that he shall deposit the amount of Rs. 1,74,500/- no sooner the salary shall be started. The petitioner is in acute financial crunch on account of nonpayment of salary for over a period of more than two and a half years.

3/4 on the other hand, they have come out with another letter dated 10.04.2024 issued by the Block Development Officer, Harsidhi, directing the petitioner to deposit further amount of Rs. 5,58,500/-, including the interest over the outstanding due amount.

4. Per contra, learned counsel for the State, dispelling the afore-noted contention of the petitioner, submitted that since the petitioner has withdrawn an amount of Rs. 1,74,500/- against outstanding amount and no work has been done, in such circumstances, he would certainly be liable to pay the same along with interest, apart from other due amount, if not paid till date.

5. Having heard the learned counsel for the respective parties, this Court is of the opinion that till date the update LPC along with the service-book have not been sent to the transferred place by the Block Development Officer, Harsidhi Block and thereby the petitioner is deprived from his salary for over a period of two and a half years, let the respondent no.5, the Block Development Officer, Harsidhi, District-East Champaran, Motihari, issue the LPC and send the service-book of the petitioner, preferably within a period of four weeks' from today after adjusting the amount of Rs. 1,74,500/-; whereupon the

4/4 respondent no.6 shall ensure payment of regular salary along with the outstanding arrears of salary to the petitioner.

6. Suffice it to observe that the respondents are at liberty to proceed further, if there is still any other dues against the petitioner.

7. The writ petition stands allowed to the extent hereinabove.

(Harish Kumar, J) rohit/- U