Rama Shankar Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 25536 of 2013 ====================================================== Rama Shankar Thakur Son Of Sri Ram Chandra Thakur Resident Of MohallaB-37, Prabhunath Nagar, P.O.- Chapra, P.S.- Chapra, District- Saran, Retired Executive Engineer, Design, Birpur Division Of Water Resources Department, Government Of Bihar, Supoul ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Water Resources Department, Government of Bihar, Sichai Bhawan, Patna 2.

The Engineer- In-Chief, Water Resources Department, Government Of Bihar, Sichai Bhawan, Patna 3.

The Chief Engineer, Water Resources Department, Government Of Bihar, Sichai Bhawan, Patna 4.

The Executive Engineer, Birpur Division Of Water Resources Department, Government Of Bihar, Supoul 5.

The Accountant General, Bihar, Patna 6.

The Accounts Officer, Office Of The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahesh Narayan Parbat, Advocate For the State :

Mr. Rajendra Singh, GA-10 Mr. Manoj Kr. Yadav, AC to GA-10 For A.G.

:

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2023 The present writ petition has been filed seeking the following reliefs:- "1.(a) To issue a writ of mandamus commanding the respondents to discharge their legal obligation to follow their own decision and to pay the petitioner his dues salary for the period in between 23.2.2002 to 15.7.2002 during which the petitioner was on medical leave and which was sanctioned in the year 2009.

(b) To issue a further writ of mandamus commanding the respondents to pay the dues arrear

Patna High Court CWJC No. 25536 of 2013(2) dt.12-07-2023 2/2 of salary of petitioner for the period in between 1.10.2007 to 25.3.2008 during which the petitioner was kept waiting for his posting and also of the period in between 26.3.2008 to 31.3.2008 of transit and medical leave for the period in between 1.4.2008 to 14.4.2008, which has not been paid to him in illegal and arbitrary manner in spite of its sanction by competent authority in the month of March 2009.

(c) To issue further writ of mandamus commanding the respondents to pay the entire dues amount of salary of the petitioner along with interest at the rate of 18% per annum since the date the amount has become due, till the date of its payment."

The learned counsel for the respondents has categorically submitted that all the outstanding dues of salary has already stood paid to the petitioner during the interregnum period, hence nothing survives for consideration in the present petition. The learned Senior counsel for the petitioner submits that in case of any subsisting grievance, the petitioner be granted liberty to approach the respondent authorities. Liberty so sought is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U