Sone Lal Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16523 of 2015 =========================================================== Sone Lal Yadav, son of Thither Yadav, resident of Village- Bhairwar, P.O.- Bhairwar, P.S.- Mufasil, District- Begusarai, presently residing at Village- Panhans, P.O.- Surhid Nagar, P.S.- Lohiya Nagar, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary, Irrigation, Govt. of Bihar, Vishweshraiya Bhawan, Jawahar Lal Nehru Marg, Patna.
3. The Engineer-in-Chief, Irrigation, Kharagpur, Munger.
4. Chief Engineer, Irrigation, Bhagalpur.
5. The Executive Engineer, Irrigation Division, Bijikhorwa, P.O.- Manjhali Matihami, P.S.- Belhar, District- Banka.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
For the Respondent/s :
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-08-2016 Heard learned counsel for the parties.
The grievance of the petitioner is that he has not been paid the arrears of ACP as well as 6th Pay Revision. Perusal of statement made in paragraph no. 6 of the counter affidavit, filed on behalf of the respondent no. 5, discloses that the said payment is held up on account of paucity of fund allotment.
In view of the aforesaid, the only inference which can be
Patna High Court CWJC No.16523 of 2015 dt.20-08-2016 2/2 drawn is that the dues are not disputed. This being the position, paucity of fund cannot be a ground not to make any payment. Accordingly, the writ application stands disposed off with a direction to the respondent no. 5 to ensure that all admitted dues of the petitioner relating to arrears of ACP and 6th Pay Revision are paid to him within two months from the date of production of a copy of this order before him.
(Ahsanuddin Amanullah, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 22.08.2016 Transmission Date