Ram Binoy Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4469 of 2022 ====================================================== Ram Binoy Sinha Son of Late Ram Naresh Singh Resident of Pratap Palace Apartment, Flat No.- 404, Krishi Nagar, A.G. Colony, P.S.- Rajeev Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.

2.

The Joint Secretary (Management), Water Resources Department, Bihar, Patna.

3.

The Additional Secretary to the Government, Water Resources Department, Bihar, Patna.

4.

The Chief Engineer, Flood Control and Drainage, Water Resources Department, Muzaffarpur.

5.

The Superintending Engineer, Flood Control and Drainage Circle, Water Resources Department, Motihari.

6.

The Accountant General, (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the Respondent/s :

Mr. Dr. Anand Kumar, Adv, Mr. Ramesh Gupta, Adv., Mr. Sanjay Prasad, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 01-08-2023 Heard Mr. Indu Bhushan, learned counsel appearing on behalf of the petitioner and Mr. Dr. Anand Kumar, Mr. Ramesh Gupta and Mr. Sanjay Prasad, learned counsels appearing on behalf of the respondents.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has retired from the post of Executive

Patna High Court CWJC No.4469 of 2022 dt.01-08-2023 2/2 Engineer on 30.11.2021 while he was posted in Drainage Division, Bettiah. He seeks to file detail representation before the Additional Chief Secretary, Water Resources Department, Government of Bihar in light of the order dated 11.04.2023, passed in C.W.J.C. No. 5005 of 2023 (Tarkeshwar Dhar Dwivedi Vrs. The State of Bihar & Ors.). Learned counsel further submits that the case of the petitioner is also covered by a Judgment of Full Bench of this Court as well as Judgment passed by the Hon'ble Apex Court in case of Dr. Hira Lal Vrs. The State of Bihar & Ors., reported in (2020) 4 SCC 346.

3. The Additional Chief Secretary, Water Resources Department, Government of Bihar is directed to dispose of the representation of the petitioner after providing opportunity of hearing in light of the law laid down by the Hon'ble Apex Court in case of Dr. Hira Lal (supra) within a period of six weeks. The payments must be paid during the aforesaid period to which the petitioner is entitled along with statutory interest.

4. With the above observation and direction the writ petition stands disposed of.

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