Kundan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21896 of 2018 ====================================================== Kundan Kumar Son of late Suresh Chandra Prasad Resident of Village and P.O. Ratanpur, P.S. Ara Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Revenue Secretary, Government of Bihar, Patna. 3.

The District Collector, Kaimur, District Kaimur 4.

The Circle Officer, Kudra Anchal, Kudra, District Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Shilpi Keshri, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 21-08-2020 Heard learned counsel for the petitioner through video conference.

2. The present writ petition has been filed "for issuance of an appropriate writ/order/direction to the respondents to make payment of the petitioner of arrears of his retirement benefit as well as his due salary of his contractual service for the period 11.12.2012 to 10.12.2013 in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that the petitioner retired on 30.11.2012 as Rajaswa Karmachari from the Circle Office of Kudra, District Kaimur. He was entitled to a total of Rs. 11,64,179/- by way of retiral benefits, but he was paid only Rs. 11,52,179/- and an amount of Rs. 12,000/- was not paid. It is

Patna High Court CWJC No.21896 of 2018 dt.21-08-2020 2/3 further stated that after his retirement on 30.11.2012, he was appointed as Rajaswa Karmachari in the office of Circle Officer, Kudra Anchal, Kudra, District Kaimur, on contractual basis, where he worked for a year till 10.12.2013. However, the respondents have not paid salary to the petitioner in respect of such contractual service.

4. None appears on behalf of the State when the matter is called.

5. Having regard to the nature of grievance of the petitioner, this Court is of the view that without going into the detailed merits of the matter, it will suffice at this stage if the petitioner is granted liberty to approach the District Collector, Kaimur, District Kaimur (Respondent No. 3) with a fresh representation for redressal of his grievances, furnishing therewith his mobile number and e-mail ID. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of on its own merits in accordance with law after grant of an opportunity of hearing to the petitioner ensuring payment to the extent found due to the petitioner, within a period of eight weeks from the date of receiving the petitioner's representation. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

Patna High Court CWJC No.21896 of 2018 dt.21-08-2020 3/3

6. It is also made clear that in view of the ongoing Covid-19 pandemic, any correspondence between the parties may be made through email and that the concerned authority shall be at liberty to hear the petitioner through video conference.

7. The writ petition stands disposed of with the aforesaid directions.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE - Uploading Date 24.08.2020 Transmission Date -