Chakradhar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22516 of 2014 ====================================================== Chakradhar Prasad Singh S/o late Indrashan Singh R/o vill. and P.O. and P.S. Tisiouta, Dist. Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Saharsa 3.

The Deputy Collector Establishment, Saharsa 4.

The Circle Officer, Navhatta, Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Shankar Das, Advocate For the Respondent/s :

Mr. Sudhiar Kr. Upadhyay, AC to GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2022 The present writ petition has been filed seeking the following reliefs:- "1.(i) To direct the respondents to pay the due contractual salary to the petitioner at the tune of Rs. 2,89,487/- aprox out of which total amount comes to Rs. 4,10,627/- from the date of contractual appointment i.e. from 01.05.2010 to 26.06.2014 in which Rs. 1,21,140/- was paid to the petitioner but rest amount at the rate of Rs. 8,240/- per month contractual amount of salary.

(ii) To direct the respondents to release contractual amount of salary at the rate of Rs. 8,240 per month payable since 1.5.2010 till 26.6.2014 for which the petitioner discharged regular duty as per resolution no. 2804 dated 29.03.2010 issued from General Administrative Department as well as memo no.

Patna High Court CWJC No.22516 of 2014(2) dt.12-12-2022 2/2 3742 dated 30.04.10 order passed by the D.M., Saharsa.

(iii) To pay Rs. 2,89,487/- due contractual salary to the petitioner with an interest at the rate of 12% from the date of its actual payment."

The learned counsel for the respondent-State has submitted by referring to paragraph no. 6 of the counter affidavit filed in the present case that the District Magistrate, Saharsa has sought allotment from the General Administration Department, Government of Bihar, Patna vide letter dated 28.12.2015, for making payment to the petitioner and as soon as the allotment is received, the payment would be made to the petitioner. In view of the aforesaid, this Court directs the District Magistrate, Saharsa to make payment of the admitted outstanding amount of contractual salary of the petitioner within a period of four weeks from today, failing which he shall not draw his salary.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U