Patna High CourtMJC/2651/2015disposed

Ashok Kumar Jha v. The State Of Bihar And ORS

2016-08-24Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court MJC No.2651 of 2015 (5) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2651 of 2015 In Civil Writ Jurisdiction Case No. 12598 of 2014 ====================================================== Ashok Kumar Jha, Son of Late Chandeshwar Jha, Resident of MohallaBhim Nagar, Railway Colony, P.S.- Birpur, District- Supaul, at present residing at Mohalla- Belladulah, P.S.- Lalbagh, District- Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar.

2. Mr. Deepak Kumar Singh, Principal Secretary, Water Resources Department, Patna.

3. Mr. Rakesh Kumar Pandey, Deputy Labour Commission-cumCommissioner, Koshi Division, Purnea.

4. Mr. Umesh Prasad, The Superintending Engineer, Irrigation( Mechanical) Circle Birpur, District- Supaul.

5. Mr. Maharaj Ram, The Chief Engineer, Irrigation ( Mechanical) Water Resources Department, Bihar, Patna.

6. Mr. Suvesh Prasad Singh, The Executive Engineer, Irrigation ( Mechanical) Circle, Birpur, District- Supaul. .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Ojha, Advocate For the Respondents : Mr. Ga3 V.K. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2016 Let a draft of Rs.42,680/- be handed over to learned counsel for the petitioner.

Heard both sides.

The petitioner filed a contempt petition for noncompliance of the award dated 11.04.2015. It is submitted that the petitioner has already been paid the arrears at the rate of Rs.638/- per month but on calculation it was found that the petitioner is entitled to get Rs.706/- per month and on the basis of which the

Patna High Court MJC No.2651 of 2015 (5) dt.24-08-2016 State agrees to pay the remaining amount with a statutory interest admissible thereof. The draft was prepared and issued in the name of the petitioner but the same could not be handed over to the petitioner as the petitioner refused to accept the same. The petitioner raised an objection that he is entitled to get Rs.19,12,984/- according to the calculation made by the Executive Engineer and thereafter the Superintending Engineer sent a letter for making the fund available and if the petitioner is found at all aggrieved, then the petitioner may file a writ. Since the order has already been substantially complied with, the contempt proceeding is disposed of.

(Prabhat Kumar Jha, J) B.Kr./- U