Sriniwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10258 of 2021 ====================================================== Sriniwas Kumar Son of Sri Jitendra Kumar, resident of Village- Kosumhar, Police Station- Akbarpur in the district of Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna. 2.

Thehe Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The State Co-ordinator, Lohiya Swaksh Bihar Abhiyan, an Unit under Rural Development Department, Government of Bihar, Patna. 4.

The District Magistrate-cum-Collector, Nawada. 5.

The District Development Commissioner, Nawada. 6.

The Director, District Rural Development Authority, Nawada. 7.

The District Co-ordinator, Lohiya Swaksh Bihar Abhiyan, Nawada. 8.

The Bihar State Electronics Development Corporation Ltd., Bihar, Patna through its Managing Director.

9.

The Managing Director, Bihar State Electronics Development Corporation Ltd., Bihar, Patna.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Respondent/s :

Mr. Girijesh Kumar, Advocate For the State :

Mr. Akhileshwar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 08-03-2022 Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "(i) To direct the respondents to make payment of the arrears of salary to the petitioner dues from the month of January 2019 to 10.3.2021 as the petitioner was 3. 2019 Working against the post of Data Entry Operator in D1strict Water

Patna High Court CWJC No.10258 of 2021 dt.08-03-2022 2/3 and Sanitation Committee, Nawada under respondent no.6.

(ii) Also to direct the respondents to make arrears of salary S34,720/- to the petitioner dues from January, 2018 to August, 2018 as salary of the petitioner was enhanced w.e.f. January, 2018 but the same was paid from the month of September, 2018. (iii) Also for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law."

Short question for consideration is whether the petitioner is entitled to benefit of salary during the intervening period from January, 2019 to 10.03.2021 and so also for the period from January, 2018 to August, 2018. In this regard, petitioner submitted representation dated 05.03.2021 vide Annexure-7. Therefore, the concerned respondent nos. 4 and 5 are hereby directed to examine the grievance of the petitioner and redress the same. If the petitioner is otherwise eligible for arrears of salary for the aforesaid period the same shall be calculated and disbursed to the petitioner. If the petitioner is not entitled in that event necessary speaking order shall be passed as to why the petitioner is not entitled for arrears of salary. The above exercise shall be completed within a period of two months from the date of receipt of this order failing which the petitioner is entitled for litigation cost

Patna High Court CWJC No.10258 of 2021 dt.08-03-2022 3/3 and it is quantified @ Rs. 25,000/- it shall be borne from the pocket of concerned authority and not from the Department. With the aforesaid observations, the present petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A