Patna High CourtCWJC/65/2007disposed

Sri Brij Kishore Prasad v. The State Of Bihar And ORS

2015-01-21Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.65 of 2007 ====================================================== SRI BRIJ KISHORE PRASAD, SON OF LATE MURAT MAHTO RESIDENT OF VILLAGE NOAWAN, POLICE STATION ASTHAWAN, DISTRICT NALANDA, RETD CLERK OF THE DISTRICT SUB REGISTRAR OFFICE, BIHARSHARIF, NALANDA .... .... Petitioner

Versus

1. THE STATE OF BIHAR THROUGH INSPECTOR GENERAL, REGISTRATION, BIHAR, PATNA

2. THE SECRETARY CUM INSPECTOR GENERAL REGISTRATION, BIHAR, PATNA

3. THE DISTRICT REGISTRAR, NALANDA AT BIHARSHARIF

4. THE DISTRICT SUB REGISTRAR, BIHARSHARIF, NALANDA .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Deonath Prasad, Advocate Mr. Shailendra Kr.Sinha, Advocate For the Respondents : Mr. (Ga9) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-01-2015 The petitioner has prayed for difference of salary for the period he was put under suspension from 26.9.1996 to 20.5.1998, inter alia, arrears of differences of increased salary after calculating the increments etc.

Facts of the case in short is that the petitioner was serving as a clerk under the Registration office, Hilsa, when he was arrested along with Sri Yaumna Prasad, Head clerk of the same office on 26.6.1996 on the charge of accepting illegal gratification On 6.7.1996 he was suspended along with others. Petitioner's suspension was however withdrawn vide order dated 20.5.1998 (Annexure 2) whereafter he joined at District

Patna High Court CWJC No.65 of 2007 (5) dt.21-01-2015 2/2 Sub Registry Office, Biharsharif.

Counter affidavit has also been filed by respondents. In paragraph 7 they state that the petitioner was subsequently given increment in view of departmental order no.2478 dated 15.12.1999. In the meantime, the petitioner retired and has also passed away.

This writ petition is disposed of with liberty to the heirs of the deceased petitioner to make a representation before the respondents with respect to pending claims, if any. In case any such representation is filed, the respondents would dispose of the same within a period of three months from the date of receipt of this order.

(Samarendra Pratap Singh, J) Shashi.