← Library
Patna High CourtCWJC/21341/2013disposed

Md. Maslahuddin v. The State Of Bihar And ORS

2024-12-16Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21341 of 2013 ====================================================== Md. Maslahuddin Son of Mohiuddin, Resident of Village - Rampur, Police Station - Gogri, District Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

District Magistrate, Begusarai.

3.

District Panchayati Raj Officer, Begusarai.

4.

Block Development Officer, Balia Distt. Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 16-12-2024 None appears on behalf of the petitioner.

2. Heard learned State counsel.

3. This writ petition has been filed for a direction to the respondents for payment of salary of the petitioner for the period 07.10.2007 to 25.08.2008, during which period the petitioner was placed under suspension.

4. Respondent Nos. 2 to 4 have filed a counter affidavit, wherein, in paragraph Nos. 4 and 6, it has been stated as under:

"4. That, so far relief as prayed in Para No. 1 of the writ petition is concerned it is submitted that the

Patna High Court CWJC No.21341 of 2013(3) dt.16-12-2024 2/3 District Magistrate Begusarai vide order dated 03.03.2023 contain in Memo No. 494 directed the B.D.O., Ballia to make payment of salary for the suspension period i.e. 07.10.2007 to 25.08.2008 on priority basis.

6. That the B.D.O. Ballia is taking steps for making payment for the suspension period and in this regard directed the petitioner to submit relevant document."

5. From perusal of the paragraph Nos. 4 and 6 of the counter affidavit, it is found that the District Magistrate, Begusarai has passed an order for payment of salary of the petitioner for the period 07.10.2007 to 25.08.2008, during which period, the petitioner was under suspension, on priority basis. Pursuant thereto B.D.O., Ballia is stated to be taking steps for making payment as directed by the District Magistrate, Begusarai.

6. Under the aforesaid circumstances, since the respondents have already taken steps for payment of the salary of the petitioner for the period mentioned above, this writ petition is hereby disposed off with a direction to the respondents to immediately pay the salary of the petitioner for the period 07.10.2007 to 25.08.2008, during which

Patna High Court CWJC No.21341 of 2013(3) dt.16-12-2024 3/3 period, the petitioner was placed under suspension, if not already paid.

7. The writ petition is disposed off with the above direction.

(Nani Tagia, J) Nilmani/- U