Ram Narayan Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23147 of 2013 ====================================================== Ram Narayan Sah Son Of Late Ram Deo Sah Resident Of Chak Sahauli, P.S. Jandaha, District - Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director General Of Police, Home Guard, Bihar, Patna 3.

The Inspector General Of Police Home Guard, Muzaffarpur 4.

The Divisional Commandant, Tirhut Division, Bihar Home Guard, Muzaffarpur 5.

District Commandant, Bihar Home Guard, Vaishali 6.

The Deputy Superintendent Of Police, Bihar Home Guard, Muzaffarpur 7.

Sanjay Singh, Assistant Working In The Office Of The Home Guard, Situated At Civil Court Ground, Hazipur.

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

For the Petitioner/s :

Mr.Sanjay Prakash Verma For the Respondent/s :

Mr.Sanjay Kr No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For quashing the order contained in memo no. 46 dated 27.1.2012 passed by the Commandant, Bihar Home Guard, Patna whereby and whereunder, the petitioner has been forced to superannuate from service with retrospective effect i.e. December 2011 without giving any show cause and opportunity of hearing.

(ii). For issuance of direction to the authority concerned to allow the petitioner to continue in service on the basis of command issued on

Patna High Court CWJC No.23147 of 2013(2) dt.06-07-2023 2/2 5.1.2012 for the entire year.

(iii). For issuance of an appropriate writ, order or direction in the nature of mandamus commanding the respondents to pay the salary of the petitioner, due since 5.2.2009 to 9.2.2012, which has been withheld without any rhyme and reason by the respondents.

(iv). For holding and declaring that the salary of the petitioner has been illegally withheld for the abovementioned period by the respondents."

At the outset, the learned counsel for the petitioner has confined his relief to issuance of directions to the Respondents to pay salary for the period he had worked. Having regard to the limited grievance of the petitioner, I deem it fit and proper to direct the District Commandant, Bihar Home Guard, Vaishali, to consider the case of the petitioner for grant of salary for the period he had worked, upon an appropriate application being made in that regard by the petitioner.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U