Prabhawati Kuar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2538 of 2014 In Civil Writ Jurisdiction Case No. 3960 of 2009 ====================================================== Prabhawati Kuar wife of Late Ram Layak Singh resident of village Newaji Tola P.O. Gurkul Mahiyan, P.s. Chapra, Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri M. Sarwanam Director Primary Education, Bihar Patna

3. Sri Kundan Kumar, Collector, Saran Chapra

4. Sri Amar Bhusan District Superintendent of Education, Saran at Chapra

5. Sri Ashok Bhaitha, Head Master, Govt. Middle School, Inai, P.O. Inai, Saran .... .... Opposite parties ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Alok Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-06-2015 Heard Mr. Alok Kumar Sinha for the petitioner. No one appears on behalf or the opposite parties. The application alleges wilful/deliberate disregard/violation of the order 17.01.2012 passed in CWJC No. 3960 of 2009 (Annexure-1).

This Court found the writ application suffering from gross delay and therefore did not invoke the writ jurisdiction. However, the petitioner was granted liberty to approach the concerned authority for redressal of his grievance. A show cause has been field on behalf of opposite party no.4 annexing the order passed by the authority concerned (Annexure-A) wherefrom it appears that the husband of the

Patna High Court MJC No.2538 of 2014 (3) dt.24-06-2015 2 / 2 petitioner was found entitled to payment of differential amount of salary as per the service book from 01.01.1971 to 18.09.1972. Considering the order passed on the writ petition this Court is not inclined to entertain the present contempt application. However, if the authority has passed an order for payment of differential salary amount to the wife of the deceased employee (petitioner) vide Annexure-A, it is expected that the same is paid to the petitioner preferably within three months, if not already paid/authorized.

The contempt application is dismissed.

(Kishore Kumar Mandal, J) HR/- U