Jaypal Mistri, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4424 of 2022 ====================================================== Jaypal Mistri, Son of Hari Mistri, Resident of Village - Murlachak, P.S. - Warsaliganj, District - Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Sugarcane Industries, Patna.

2.

The Principal Secretary, Department of Sugarcane Industries, Patna. 3.

Sugar Cane Commissioner, Government of Bihar, Patna. 4.

Bihar State Sugar Corporation Ltd., through its Managing Director, Patna. 5.

Managing Director, Bihar State Sugar Corporation Ltd., Patna. 6.

General Manager, Bihar State Sugar Corporation Ltd., Unit Warsaliganj, District - Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar, Adv.

For the Respondent/s :

Mr.Subhash Prasad Singh ( GA- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. (i) To pay the retaining allowance to the petitioner as skilled-C seasonal worker instead of wrongly paid the same as semi skilled seasonal worker as similarly situated other seasonal workers had been paid the same as skilled- C seasonal workers.

(ii) To direct the respondents authorities to pay statutory interest on the difference amount of retaining allowance of the petitioner as wrongly paid as semi skilled seasonal worker."

Patna High Court CWJC No.4424 of 2022(2) dt.06-02-2024 2/2

2. At the outset, the learned counsel, appearing for the respondents no.4 to 6 submits, by referring to the counter affidavit filed in the present case that admittedly, mistake has taken place and on account of clerical error, the dues of the petitioner under the revised Exit Settlement Scheme was wrongly calculated by treating him as unskilled worker, however, the mistake has been realized and re-calculation has been made by treating him to be seasonal employee/skilled-B and the calculation chart pertaining to the outstanding amount to be paid to the petitioner has been forwarded to the parent department, vide letter dated 18.12.2023, for being sent to the Directorate of Audit for auditing and the outstanding dues would definitely be paid to the petitioner within a period of six weeks from today. It is directed accordingly.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U