Pankaj Kumar @ Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8613 of 2019 ====================================================== 1.

Pankaj Kumar @ Pankaj Kumar Singh Son of late Awdhesh Kumar Singh, R/o Mohalla- Belwanwa, P.S. Town Motihari, District- East Champaran. 2.

Vinod Kumar Son of Prof. Upendra Jha, Resident of At- Professor Colony, Belwanwa, P.S. Town, Motihari, District- East Champaran. 3.

Rajan Kumar@ Rajan Kumar Srivastava, Son of Sri Arun Kumar Srivastava, Resident of Village- Ruphara, P.S. Shikarganj, District- East Champaran. 4.

Shyam Kishor Singh, Son of late Ram Chhabila Singh, Resident of AtBalua Tal, P.S.Town, Motihari, District- East Champaran. 5.

Ranjeet Kumar, Son of Surendra Prasad, Resident of Village- Godhawa, P.S. Muffasil, District- East Champaran.

6.

Sandeep Kumar Giri, Son of Sri Narayan Giri, Resident of Village-Rampur Khajuria, P.S. Dumaria Ghat, District- East Champaran. 7.

Ajit Kumar Singh @ Ajit Kumar, Son of Sri Binda Singh, Resident of Village- Mathurapur, P.S. Turkaulia, District- East Champaran. 8.

Anshuman, Son of Sri Krishna Sharma, Resident of Village- Belbanwa, P.S. Town, Motihari, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Planning and Development Department, Government of Bihar, Patna. 2.

The District Magistrate, East Champaran at Motihari. 3.

The Regional Programme Officer, Tirhut Division, Muzaffarpur. 4.

The District Education Officer, East Champaran at Motihari. 5.

The District Programme Officer, East Champaran at Motihari. 6.

The Principal, Motihari College of Engineering, Motihari. 7.

The Chief Co-Coordinator, Border Area Development Programme, Motihari College of Engineering, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Karandeep Kumar, Advocate For the Respondent/s :

Mr Rewati Kant Rama, AC to SC XI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 29-05-2019 Matter has been listed today in the Summer Vacations as the learned counsel for the petitioners was desirous for

Patna High Court CWJC No.8613 of 2019(2) dt.29-05-2019 2/3 consideration of his case during vacation.

The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the vacation. Matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

Heard learned counsel for the petitioners and the respondent-State.

Under orders of the District Programme Officer, East Champaran, Motihari dated 27.02.2018, petitioners' claim that they have discharged work under the Border Area Development Programme in the financial year, 2016-2017 and 2017-2018. It is their claim that they have not been paid any remuneration for the work of execution of poultry farm and Computer Training (Hardware and Software) for the period 06.04.2018 to 07.07.2018. In this regard, petitioners also got a legal notice (Annexure 3) sent to the respondent authorities on 20.2.2019. Admissibility of the claim of the petitioners for the period in question has to be examined by the authorities having regard to the number of days discharged by them. Since decision has to be taken by the authorities, keeping the writ petition pending would serve no useful

Patna High Court CWJC No.8613 of 2019(2) dt.29-05-2019 3/3 purpose.

It is, therefore, agreed that the writ petition may be disposed of with a direction to respondent No 5 to examine the claim of the petitioners and take appropriate action for ensuring payment of amounts found due and admissible.

Let the process be completed by respondent No 5 within a period of eight weeks from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U