Uday Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7040 of 2011 ====================================================== Uday Kumar S/O Late Shiv Ram R/O Vill. Nadhari, P.O. Shiksi, P.S. Singauri, Distt.-Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The Addl. Director General Of Police, Bihar, Patna.

3. The District Magistrate, Patna.

4. The Superintendent Of Police, Patna.

5. The Sub Divisional Officer, Paliganj, Danapur, Patna.

6. The Deputy Superintendent Of Police, Patna.

7. The Circle Officer, Paliganj, Patna.

8. The Officer Incharge, P.S. Paliganj At Present Singauri, Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar, Advocate For the Respondent/s :

Mr. Z. Haider, AC to SC9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 18-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking the arrears of salary of his father claiming that his father was working as Chaukidar and died on 06.01.2011 and his father was paid salary up to the September, 1990 but from October, 1990 onward no payment was ever made on account of fact that there was revision of pay scale. Earlier, the petitioner approached this Court in C.W.J.C. No. 4407 of 2010 which was dismissed as withdrawn with liberty to pursue departmental remedies, whereupon he has filed a representation before the SDO, Danapur giving details of fact on 03.02.2011, but

Patna High Court CWJC No.7040 of 2011 dt.18-01-2019 2/2 it appears that the Sub Divisional Officer has not till date disposed of the representation and taken a decision in the matter of entitlement of salary of his father.

The matter is again remitted back with a direction to the Sub-Divisional Officer, Danapur to consider the representation dated 03.02.2012 filed by the petitioner and further liberty is given that if so like he may file additional representation making a specific claim therein. In such case, Sub Divisional Officer will consider the matter and take a decision in accordance with law. However, it is made clear that this Court is not giving any opinion on the merit of the case.

With the aforesaid observation and direction, this writ petition is disposed of.

(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2019 Transmission Date NA