Ram Narayan Singh @ R. N. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8400 of 2021 ====================================================== Ram Narayan Singh @ R. N. Singh S/o Late Yogendra Prasad Singh, resident of Village- Tiswara (Harilochanpur), P.S.- Sarairanjan, Distt.- Samastipur presently posted as Gram Panchayat Supervisor in Hanuman Nagar Block, Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar Bihar.
2.
The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.
3.
The Director, Department of Panchayati Raj, Bihar, Patna. 4.
The Commissioner, Darbhanga Division, Darbhanga. 5.
The District Officer, Darbhanga.
6.
The Deputy Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna. 7.
The District Panchayat Raj Officer, Darbhanga. 8.
The Block Development Officer, Hanuman Nagar Block, Darbhanga. 9.
The Block Development Officer, Sakra Block, Darbhanga. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shree Ganesh For the Respondent/s :
Mr. Kumar Alok (SC-7) Mr. Prem Ranjan Raj ====================================================== 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 respondent nos. 1 to 9.
In the instant petition, petitioner has prayed for the following relief/reliefs:
2/4 (i) For a direction to the respondents for payment of salary for the month of February, 2019 and from May, 2019 to March, 2020 when the petitioner was posted as Gram Panchayat Supervisor, at Hanuman Nagar Block, Darbhanga, as the salary for the said period was stopped for the reason 'No Work No Pay'
which was never communicated to the petitioner. The petitioner has worked all the time and he was never absent in his duty.
(ii) For a direction to the respondents for payment of salary related dues as amount as well as description mentioned in last pay slip dated 13.06.2019 issued by Block Development Officer, Sakra Block, Muzaffarpur, where the petitioner was posted prior to Hanuman Nagar Block, Darbhanga, which was not
3/4 paid to the petitioner. The petitioner's salary related dues are salary for different months and days, Grade pay arrear of different years as grade pay enhanced from Rs.4200 to Rs.4600 and other dues also.
(iii) For a direction to the respondent for payment of Grade pay arrears for different years as grade pay enhanced to Rs.4800 from Rs.4600/- which has not been mentioned in the last pay slip dated 13.06.2019.
(iv) For any other appropriate relief or reliefs to which the petitioner may be deemed entitled.
Short question for consideration is whether petitioner is entitled to payment of arrears of salary. In this regard, petitioner submitted representation dated 31.01.2020, 06.03.2020 and 04.05.2020 vide Annexure-7, Annexure-11 and Annexure-12 respectively. Therefore, respondent no.8 is hereby directed to decide the petitioner's representations on top priority.
4/4 If petitioner is, otherwise eligible, the same shall be extended within a period of two months from the date of receipt of this order failing which the petitioner is entitled to litigation cost and it is quantified at Rs.10,000/- (Rupees Ten Thousand). The cost has been paid by respondent no.8 from his pocket and not from the department/government. If the petitioner is not otherwise eligible, in that event, a necessary speaking order shall be passed and communicated to the petitioner so as to enable him to question before the appropriate forum.
If respondent no.7 is in the receipt of representation, the same shall be transmitted to respondent no. 8 immediately so as to enable him to comply with the aforesaid order.
With the above observation, writ petition stands disposed of.
(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2022 Transmission Date NA