Kiran Deo Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3017 of 2016 ====================================================== Kiran Deo Kumar Son of Ras Bihari Paswan resident of village - Kamruddinpur, P.O. Kamruddinpur, P.S. Begusarai, Muffassil, District - Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary Govt of Bihar Patna. 2.

The Principal Secretary, Department of Agriculture, Govt. of Bihar, New Secretariat, Patna 3.

The Agriculture Production Commissioner, Department of Agriculture, Govt. of Bihar, New Secretariat 4.

The Director, Agriculture Directorate, New Secretariat, Govt. of Bihar, Patna 5.

The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Verma, Advocate For the AG :

Mr. Satyendra Kumar Jha, Advocate For the Respondent/s :

Mr. Kinkar Kumar, SC 9 Mr. Yogesh Kumar, AC to SC 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 28-03-2019 Two grievances have been raised by the petitioner in the instant writ petition. He Claims payment of salary for suspension period Feb 2013 to January 2014 and also for the period of strike, i.e., 17.01.2009-09.02.2009. Under order dated 15.03.2016 issued by the Additional Secretary Agriculture Department, Government of Bihar the department has approved the earn leave for the period of strike between 17.01.2009-09.02.2009.

Petitioner's counsel submits that the stand of the respondents in the counter affidavit with respect to the dues for

Patna High Court CWJC No.3017 of 2016 dt.28-03-2019 2/2 the period of suspension is that a decision is being taken by the authorities as the matter is under consideration. He submits that in spite of such stand having been placed on affidavit, till date final decision has not been taken by the authorities. Such lackadaisical attitude by the respondent authorities cannot be countenanced by this Court. Respondent no. 3 should therefore, take a decision in respect of the claim of the petitioner for salary for the period of suspension expeditiously without any undue delay and preferably within three months. Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date