Saseendran C.K. 2 v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18090 of 2014 ====================================================== Saseendran C.K. 2, 1/C-28, Assam Rifles C/o 99 APO son of Sri C N Kesavan resident of Sree Nilayam, P.O. Nalukody Via Changana Cherry P.S. Kuhhumpuram District Kottayam, Kerala.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Director General of Police, Bihar, Old Secretariat, Patna.

2.

The Special Secretary, Home Department, Bihar, Patna. 3.

The Additional Director General of Police, Head Quarters, Bihar, Patna. 4.

The Inspector General Operation, Bihar, Patna. 5.

The Union of India through the Home Secretary, Government of India, New Delhi.

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

For the Petitioner/s :

Mr.Amar Prakash, Advocate For the UOI :

Ms. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "i) For issuance of a writ in the nature of 'mandamus'

commanding the respondent authorities to pay the arrears of salary for the month of March 2014 as well as April 2014 along with the travelling allowance (TA) of the petitioner and to issue his Last Pay Certificate of the petitioner forthwith so that he could be able to draw his salary since May, 2014 from the place

Patna High Court CWJC No.18090 of 2014(2) dt.27-07-2023 2/3 of his posting/ parents Department.

(ii) For issuance of an appropriate writ / order/ direction respondents restraining authorities from recovery of the excess payment if any from the salary of the petitioner as there was no misrepresentation on the part of the petitioner and the equity demands that no recovery should be made. The case of the petitioner is fully covered with the judgment and order reported in 1995 Suppl (i) SCC 18 and in 2001 (10) SCC

99. No order of deduction / recovery has ever been issued to the petitioner and he has simply been informed about the excess payment by the Account Section and hence the petitioner is unable to adduce the same and prays to quash such order if any, under the facts circumstances of the case. and (iii) For issuance of an appropriate writ/ order/ direction for which the petitioner be found entitled to under the facts and circumstances of the case."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.18090 of 2014(2) dt.27-07-2023 3/3 petitioner seeks liberty on behalf of the petitioner to approach the respondent-authorities for redressal of his subsisting grievances, if any. Liberty, so sought, is granted.

3.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U