Malay Kumar Shekhar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 201 of 2019 ====================================================== Malay Kumar Shekhar, Son of Late Baleshwar Sharma, R/V- Shyam Sadan House No 478 Anishabad, PS - Phulwarisharif in the district of patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary, Agriculture Department, Government of Bihar, Old Secretariat, Patna 2.

The Director Agriculture, Govt of Bihar, Patna. 3.

The Deputy Director (Admin), Agriculture Department, Govt of Bihar, Patna.

4.

The District Magistrate, Patna.

5.

The District Magistrate, Rohtas, Sasaram 6.

The District Agriculture Officer, Rohtas.

7.

The Block Development Officer, Mokama.

8.

The Block Development Officer, Dawath, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sanjeev Kumar, Advocate For the Respondent/s :

Mr Sanjay Kumar, AC to SC XV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and the respondent-State.

On account of withholding of petitioner's service book upon his transfer from Mokama on 01.11.2004, the petitioner's salary and consequential benefits have been withheld.

In these circumstances, he has approached this Court claiming the relief that the payment of salary be made to him along with arrears with effect from 01.11.2004. He has also

Patna High Court CWJC No.201 of 2019(2) dt.27-06-2019 2/3 prayed that the consequential benefits, which have resultantly been withheld, may also be paid to the petitioner. Learned State Counsel has informed the Court that the Director, Agriculture, under Communication dated 20.02.2019, has written to the Block Development Officer, Mokama, Patna as well as Block Development Officer, Dawath, Rohtas where the petitioner is currently posted, to ensure due and admissible including arrears are paid to the petitioner. In view of the said direction having been issued by the Director, Agriculture to the Block Development Officer, Mokama, Patna as well Block Development Officer, Dawath, Rohtas, respondents No 7 and 8 are under legal obligation to take steps to ensure due and admissible including arrears are paid to the petitioner.

Let respondents No 7 and 8 take all steps for ensuring the same.

Petitioner's counsel submits that on account of nonpayment of salary for such a long period, the petitioner is in great stress.

Under these circumstances, this Court would observe that the authorities should act expeditiously and complete the process within a period of eight weeks from the date of

Patna High Court CWJC No.201 of 2019(2) dt.27-06-2019 3/3 receipt/production of a copy of this order and ensure that the dues found admissible in favour of the petitioner and paid to the petitioner.

Writ petition stands disposed of with the aforesaid directions.

(Madhuresh Prasad, J) M.E.H./- U