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Patna High CourtCWJC/9712/2021disposed

Ravish Kumar Ravi v. The State Of Bihar

2022-02-18Mr. Justice P. B. Bajanthri4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9712 of 2021 ====================================================== Ravish Kumar Ravi Son of Gariwan Singh @ Gariban Singh Resident of Village- Malahi, Post- Dehuri, Police Station- Atri, District- Gaya, Bihar824233. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Secretariat, Patna, Bihar.

2.

The Principal Secretary, Water Resources Department, Government of Bihar, Secretariat, Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Under Secretary (Management), Water Resources Department, Government of Bihar, Secretariat, Patna.

5.

The Engineer-in-Chief cum Special Secretary, Water Resources Department, Government of Bihar, Secretariat, Patna.

6.

The Engineer-in-Chief, Irrigation (Creation), Water Resources Department, Government of Bihar, Patna.

7.

The Chief Engineer, Water Resources Department, Aurangabad, Bihar. 8.

The Chief Engineer, Central Design, Research and Quality Control, Water Resources Bhawan, Anisabad, Patna, Bihar.

9.

The Executive Engineer, Quality Control (Flood Control and Water Discharge) Division, Samastipur, Bihar.

10.

The Sub-Divisional Engineer, Quality Control (Flood Control and Water Discharge) Sub-Division, Samastipur, Bihar.

11.

The Executive Engineer, Quality Control (Irrigation Creation) Division, Gaya, Bihar.

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

For the Petitioner/s :

Mr. Shashank Shekhar Sinha For the Respondent/s :

Mr. Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-02-2022 The matter has been heard via video conferencing

2/4 due to circumstances prevailing on account of the COVID-19 pandemic.

Learned counsel for the State accepts notice for the respondents.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"This instant writ application is being filed to invoke the writ jurisdiction of this Hon'ble Court for issuance of appropriate Writ/Writs, Order/Orders, direction/directions, to command the respondents for seeking the following reliefs:- "i. For payment of arrear of salary with effect from April, 2016 to October, 2018 along with statutory interest to the petitioner, who was employed being a Junior Engineer in the Water Resources Department as contractual where he got only Rs.28,710- (Rupees Twenty Eight Thousand Seven Hundred Ten) against

3/4 his duty for the said period.

ii. To hold and declare that the petitioner is entitled to revised pay structing/salary along with consequential benefits for the said post for which he has served.

iii. To hold and declare that petitioner service for entire period be treated as regular service.

iv. For any other relief or reliefs for which petitioner may be entitled to."

Learned counsel for the petitioner fairly submitted that petitioner has not approached the concerned respondent in seeking payment of arrears of salary from April, 2016 to October, 2018. Therefore, the petitioner is at liberty to approach the concerned authority in seeking arrears of salary for the aforesaid period in submitting a detailed representation, if such representation is submitted, the concerned disbursing authority is hereby directed to examine the petitioner's grievance and redress the same within a period of one month from the date of receipt of representation to be submitted. If the petitioner is not entitled for arrears of salary for the aforesaid period, in that

4/4 event, necessary speaking order shall be passed and communicated to the petitioner as to why the petitioner is not entitled.

With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2022 Transmission Date NA