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Patna High CourtCWJC/7542/2019disposed

Pijush Kanti Aikat v. The State Of Bihar

2019-05-06Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7542 of 2019 ====================================================== Pijush Kanti Aikat son of Late Tarun Kumar resident of Government Quarter No. 10, Road No.- 9, P.S. Patna Airport, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Animal and Fisheries Department, Government of Bihar, Patna.

2.

The Director, Department of Animal Husbandry, Government of Bihar, Patna.

3.

The Director, Institute of Animal Health and Protection, Government of Bihar, Patna.

4.

The Joint Director, Department of Animal Husbandry, Establishment Section, Government of Bihar, Patna.

5.

The Regional Director, Department of Animal Husbandry, Darbhanga. 6.

The Regional Director, Department of Animal Husbandry, Chapra. 7.

The District Animal Husbandry Officer, District- Samastipur. 8.

The District Animal Husbandry Officer, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shaishav Kumar For the Respondent/s :

Mr.Subash Chandra Yadav (GP15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 06-05-2019

1. Heard the learned counsel for the petitioner and the State.

2. The petitioner, who is serving as a Clerk in the Directorate of Animal Husbandry, Patna, is aggrieved by the fact that he has not been paid his salary from 01.04.1998 till 31.07.1998; 01.02.1999 till 20.06.1999; 01.01.2000 till

Patna High Court CWJC No.7542 of 2019 dt.06-05-2019 2/3 29.02.2000; 28.04.2000 till 30.04.2000; and 01.05.2000 till 31.10.2000, without any reason.

3. It has been submitted on behalf of the petitioner that he was appointed as a Clerk in the Animal Husbandry Department in the year 1994 and has been working in the department since then. Presently, he is posted as Clerk in the Directorate of the Animal Husbandry. To his knowledge, the salary for the aforesaid period has not been paid to him because of non-verification of the service-book for the aforesaid period. The Additional Director of the Directorate has also forwarded a note indicating that the petitioner is entitled to the dues which he has claimed in the present writ petition. However, for the fault of the officers of the department, the petitioner has not been paid salary for the aforesaid period.

4. The respondents cannot hide behind their own inaction in depriving the petitioner from his rightful dues.

5. The petitioner is directed to make a representation before the Director, Department of Animal Husbandry, Government of Bihar, Patna (Respondent No. 2), within a period of four weeks, who, after verifying all the records, shall

Patna High Court CWJC No.7542 of 2019 dt.06-05-2019 3/3 pass a reasoned order, preferably within a further period of four weeks. If the claim of the petitioner is found to be tenable and the salary not having been paid only because of nonverification of the service records for the aforesaid period, necessary sequel order shall be passed / caused to be passed within the aforesaid stipulated period.

6. With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 07.05.2019 Transmission Date