Sanjay Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2875 of 2023 ====================================================== Sanjay Kumar Pandey Son of Shyam Sundar Pandey Resident of Village and P.O.- Mobarakpur, Via. Khodibag, P.S.- Mobarakpur, District- Chapra (Saran), PIN- 847475 working as Chemist, Public Health Division, Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health and Engineering Department, (P.H.E.D.), Government of Bihar, Patna. 2.

Engineer-in-Chief-cum-Special Secretary, Public Health and Engineering Department, Government of Bihar, Patna.

3.

The Chief Engineer (Personnel), Bihar State Water and Health Mission, Vishwasaraiya Bhawan, Bailey Road, Patna.

4.

The Superintending Engineer, Public Health Circle, Begusarai. 5.

The Executive Engineer, Water Quality Cell, Public Health Division, Khagaria.

6.

Senior Investing Officer, State Level Laboratory, Chhajubagh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Niwas Prasad, Adv For the State :

Mr.U.P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Having discharged contractual duties as a Chemist under the respondent authorities, the petitioner is aggrieved by non-payment of certain dues for the period of March 2019 to

Patna High Court CWJC No.2875 of 2023(2) dt.20-07-2023 2/3 March 2021. He places reliance on letter dated 16.03.2021, issued from the Executive Engineer, Public Health Division, Khagaria, addressed to the Engineer In-chief-cum- Special Secretary, Public Health Engineering Division, whereby and whereunder the Authority has requisitioned funds for payment of the petitioner's dues .

3. Learned counsel for the State submits that dues can only be paid after verification of the fact that the petitioner has discharged duties even after March 2019, since the original contract, under which he was engaged, was only subsisting till March 2019.

4. With respect to this dispute, the Court is not expressing any opinion, but from perusal of the letter of the Executive Engineer, it is obvious that funds have been requisitioned for redressing the petitioner's claim for wages.

5. The respondent nos. 2 and 5 shall ensure due consideration of the petitioner's claim by a reasoned and speaking order and payment of dues found admissible to the petitioner, be paid of to him in accordance with law within a period of eight (08) weeks from the date of receipt/production of a copy of this order. With these directions/observations, the writ application is disposed of.

Patna High Court CWJC No.2875 of 2023(2) dt.20-07-2023 3/3

6. Petitioners would be at liberty to file a representation afresh annexing a copy of this order. (Madhuresh Prasad, J) uttam/- U