Prakash Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5800 of 2019 ====================================================== Prakash Paswan, son of Late Raj Kumar Paswan, resident of VillageTopkhana Bazar Katghar Munger, P.S. Kotwali Munger, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary-cum-Commissioner, Human Resources Department, Government of Bihar, Patna. 2.

The Commissioner, Munger Division, Munger.

3.

The District Magistrate, Lakhisarai.

4.

The Sub-Divisional Officer, Lakhisarai.

5.

The Block Development Officer, Chanan, District- Lakhisarai. 6.

The Block Development Officer, Piparia Block, District- Lakhisarai. 7.

The Deputy Collector, Lakhisarai.

8.

Amitesh Kumar, Accounts Clerk-cum-Ex Nazir, Block Chanan, P.S. Chanan, District- Lakhisarai.

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Respondent/s :

Mr. Prabhakar Jha (GP-27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-04-2019 The petitioner seeks a direction to the respondent authorities for payment of arrears of his salary and other financial benefits to which he is entitled.

From the averments made in the petition, it appears that for regular payment of salary, the petitioner has already filed a writ petition bearing C.W.J.C. No. 8288 of 2016 which is still pending consideration before this Court. The petitioner is still in service and has not

Patna High Court CWJC No.5800 of 2019(2) dt.12-04-2019 2/2 superannuated. Hence, the prayer made in C.W.J.C. No. 8288 of 2016 would also govern any order/prayer in the present petition.

The petitioner ought not to have undertaken such misadventure in trying to carve out a separate cause of action in the present petition.

Be that as it may, since the petitioner has not been paid his salary and has approached this Court now in the year 2019 for payment of arrears of his salary, this Court refrains from making any adverse comment.

The petition is permitted to be withdrawn for the present in order to enable the petitioner to press the writ petition which he has already filed and pending consideration.

The petition is dismissed as withdrawn with the liberty aforesaid.

(Ashutosh Kumar, J) Shageer/- U