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Patna High CourtCWJC/16766/2014dismissed

Lila Devi v. The State Of Bihar And ORS

2023-01-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16766 of 2014 ====================================================== Lila Devi, W/O Late Ashok Pawat, Resident of Village Malaypur, Post Malaypur, Police Station Malaypur, District Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

3.

The Executive Engineer, Road Construction Department, Road Division, Jamui.

4.

The District Magistrate.

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

For the Petitioner/s :

Mr. Amrendra Kumar For the Respondent/s :

Mr. GP17- Binod Ji Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2023 This writ petition has been filed by the petitioner for making payment of arrears of salary for the period April 2001 to 07.02.2011 with interest.

It is submitted on behalf of the petitioner that her husband continuously worked in the Department of Road Divisoin, Jamui from 13.04.1993 till his death i.e., 07.02.2011 but from the month of April 2001 to 07.02.2011 he was not paid his salary even after his death. Petitioner being his wife made several representations before the respondent authorities for payment of due arrears of salary but the same has not been paid. Learned counsel for the respondent submits that husband of the petitioner, Late Ashok Rawat, was never

Patna High Court CWJC No.16766 of 2014(3) dt.30-01-2023 2/2 appointed in the department and as per need he was engaged to work on daily basis and payment was made to him for the day on which work was taken from him. He further submits that whenever he was engaged to work in on daily basis, he has always been paid. He further submits that since no work was taken from husband of the petitioner from April 2001 to 07.02.2011, the question of payment does not arise. The aforesaid contention has not been disputed on behalf of the petitioner by filing reply to the counter affidavit. In that view of the matter, this writ application has no merit and is, accordingly, dismissed.

(Prabhat Kumar Singh, J) Navya/- U