Ram Balak Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8141 of 2021 ====================================================== Ram Balak Prasad Yadav Son of Ram Prasad Ray Resident of Village - Yadavpur, Bhakhari, P.O. - Karmawa, P.S. - Dhaka, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary, Panchayat Raj Department, Govt. of Bihar, Patna 2.

The Secretary, Panchayat Raj Department, Govt. of Bihar, Patna 3.

The District Magistrate, East Champaran at Motihari 4.

The District Panchayat Raj Officer, East Champaran at Motihari 5.

The Sub Divisional Officer, Sikrahna at Dhaka, East Champaran 6.

The Block Development Officer, Block - Dhaka, Sikrahna, East Champaran 7.

The Sarpanch of Gram Katchahry Bhagwanpur, under Panchayat Bhagwanpur, P.S. - Dhaka, Block - Dhaka, District- East Champaran 8.

The Gram Katchahry Sachiv of Gram Katchahry under Panchayat Bhagwanpur, P.S. - Dhaka, Block - Dhaka, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the State accepts notice for respondents.

Counsel for the petitioner is hereby directed to furnish copy of the petition to learned counsel for the State. In the instant petition, petitioner has prayed for the

Patna High Court CWJC No.8141 of 2021 dt.14-02-2022 2/3 following relief/reliefs:

"i. For issuance of any appropriate writ/s, rule/s, order/s or direction/s in the nature of mandamus, directing to the respondent's concern to pay the dues salary of the petitioner, which has been dues since 2016, who is working on the post of Nyay Mitra of Gram Katchahry Bhagwanpur under Panchayat Bhagwanpur, Block-Dhaka, East Champaran.

ii. For issuance of any appropriate writ/s, rule or direction/s may found fir and proper to the facts and circumstances of the case as well as for which the petitioner may be entitled thereto."

Short question for consideration is whether petitioner is entitled for salary or not. In this regard, petitioner submitted representation on 09.10.2018 and 15.07.2019 vide Annexure-2 and Annexure-4 respectively. Therefore, the

Patna High Court CWJC No.8141 of 2021 dt.14-02-2022 3/3 concerned respondent is hereby directed to examine the petitioner's representations and decide the grievances of the petitioner within a period of one month from the date of receipt of this order. If the petitioner is not entitled, in that event, a necessary speaking order shall be passed as to why the petitioner is not entitled to salary. The above exercise shall be completed within a period of one month from the date of receipt of this order failing which petitioner is entitled to litigation cost which is quantified at Rs.10,000/- (Rupees Ten Thousand). With the above observations, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2022 Transmission Date NA