Kamal Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4139 of 2019 ====================================================== Kamal Prasad S/o Maksudan Prasad Vill.- Jiwan Bigaha, P.s.- Jamhore, Distt.- Aurangabad. At present posted as office orderly, Nagar Parishad Daudnagar, Ps.- Daudnagar, Distt.-Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Urban Development and housing department, Bihar, Patna 2.

Municipal Administrator cum Additional Secretary Urban Development and housing department, Bihar, Patna 3.

District Magistrate Aurangabad 4.

Executive Officer Nagar Parishad, Daudnagar, Distt.-Aurangabad 5.

Sub Divisional Officer cum Administrator Nagar Parishad , Daudnagar, Distt.- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey A.A.G. - 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 06-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner is aggrieved by the fact that he has not been paid his salary for several months for which he has worked, on the sole ground that the concerned Municipal Corporation / Nagar Parishad is under financial distress. Learned counsel for the petitioner has also pointed out to this Court that similarly situated persons who were

Patna High Court CWJC No.4139 of 2019 dt.06-03-2019 2/3 working as Orderlies in various Nagar Parishads have been paid their salary only after they have obtained necessary orders / directions from this Court.

It has therefore been submitted that it is against the litigation policy of the State to demand specific orders from the High Court with respect to payment of salary from the employees.

In any view of the matter, the petitioner submits that he would be satisfied if the representation which has been filed by him be disposed off by the concerned respondents. In order to expedite the process of payment of arrears of salary, this Court deems it appropriate to direct the petitioner to make a fresh representation before the Executive Officer, Nagar Parishad, Daudnagar, District- Aurangabad, detailing his grievance within a period of four weeks from today.

Should such an application be filed, the same shall be disposed off by the concerned respondent, namely, Respondent No. 4, within a period of four weeks thereafter, preferably by a reasoned order in accordance with law. Needless to say that if

Patna High Court CWJC No.4139 of 2019 dt.06-03-2019 3/3 the claim of the petitioner is found to be tenable, necessary sequel order shall be passed within the aforesaid stipulated period.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 07.03.2019 Transmission Date