Ram Narayan Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22387 of 2014 ====================================================== Ram Narayan Gupta S/o Late Mahadev Sah, resident of opposite to Milan Cinema, Madhubani Town, P.S.- Madhubani Town, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Bihar, Patna.

3.

The Principal Secretary, Water Resources Department, Bihar, Patna. 4.

The Chief Engineer, Water Resources Department Irrigation,Purnea. 5.

The Executive Engineer, Irrigation Division, Katihar. 6.

The State of Jharkhand.

7.

The Principal Secretary, Water Resources Department, Jharkhand, Ranchi. 8.

The Executive Engineer, Rupankan Division No. 2 Adityapur, Jamshedpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar Jha For the Respondent/s :

Mr.-D.K. Sinha, AAG 2 Mr. Shailendra Kumar, AC to PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is claiming that he has not been paid the certain amount mentioned in paragraph 1 of the writ application.

3. In the present case, claim has been made for payment of bill of Rs.20,000/- when the petitioner was transferred from Bihar to Jharkhand in October 2006, travelling allowance bills of Rs.60,000/- while discharging the duty at Irrigation Sub-Division, Kaswa, Purnea and visited Patna and

Patna High Court CWJC No.22387 of 2014(2) dt.21-05-2019 2/3 other places for DPR approval and also travelling allowance bills of Rs.60,000/- for visiting Delhi for approval of DPR in 2009, arrear of house rent allowance at the rate of 10% as per 6th Pay Revision and arrear of salary accrued out of the grant of 6th Pay Revision and also Gratuity amount of Rs.5,000/-. The State has filed its counter affidavit and has taken stand that house rent allowance at the rate of 10% as per 6th Pay Revision has been approved, but the learned counsel for the petitioner submits that in actuality, the amount has not been credited to the account of the petitioner.

4. The rest claim, as aforesaid, cannot be adjudicated in the present proceeding and this Court cannot have a mechanism to assess the entitlement of travelling allowances for visiting Patna or Delhi in connection with DPR approval.

5. Let the petitioner file a proper application to the Controlling Authority with full details. If such application is filed, the Controlling Authority will be obliged to look into the matter and take decision and if any amount is found to be dues in favour of the petitioner, the same should be paid to him without any delay, preferably within a period of three months. While examining the entitlement, the Controlling Authority would also consider the letter of Accountant General of State of

Patna High Court CWJC No.22387 of 2014(2) dt.21-05-2019 3/3 Jharkhand addressed to the State of Bihar.

6. With the above observation and direction, this application is disposed of.

(Shivaji Pandey, J) Mahesh/- U