Kedar Nath Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5523 of 2019 ====================================================== Kedar Nath Das, son of Panchu Das, resident of Village- Abayed, P.S. Haveli Kharagpur, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Jamui, District- Jamui. 4.

The District Panchayat Raj Officer, Jamui, District- Jamui. 5.

The Block Development Officer, Sikandra District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Anjani Kumar (AAG-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 09-04-2019 The petitioner has approached this Court for a direction to the respondent authorities to make available to him the salary for the period 2012 to 2017 which, according to the petitioner, has been denied to him because of nonsupply of last pay certificate.

2. It is the case of the petitioner that as Panchayat Secretary, he was transferred to several places, the last being Jhajha.

3. The petitioner was suspended in 2017 and a

Patna High Court CWJC No.5523 of 2019 dt.09-04-2019 2/3 departmental proceeding was initiated against him. The petitioner has not stated anything about the outcome of the departmental proceeding nor has he even disclosed whether he is still continuing in service or has been superannuated.

4. In any view of the matter, what can be gathered from this petition is that petitioner has not been paid his salary from July, 2012 to 21.09.2017. The other facts which can be inferred from the unhappily drafted writ petition is that he has been granted first and second ACP. From this, it can be inferred that the petitioner had been working continuously and his services were taken during the period 2012 to 21.09.2017 for which he has not been paid. What is the reason for non-payment of salary for this period is also left completely vague in the petition.

5. The option of dismissing the petition for lack of necessary inputs for passing positive order could have been exercised by this Court but considering that the petitioner had been an understrapper in the government, this Court only directs that should the petitioner represent before the District Magistrate, Jamui (respondent No. 3) within a period

Patna High Court CWJC No.5523 of 2019 dt.09-04-2019 3/3 of four weeks, detailing his grievances with specific details regarding his demand, such representation shall be disposed off by the District Magistrate after verifying all facts, by a reasoned order within a period of eight weeks thereafter.

6. With the aforesaid direction/observation, the writ petition is disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12/04/2019