Abhay Kant Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7734 of 2022 ====================================================== Abhay Kant Thakur Occupation-EX-State Government Employee, Son of -Late Maha Kant Thakur, Resident of Village-Kahra (Block), Post-Kahra, Police Station-Saharsa, District-Saharsa, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Department of Agriculture, Government of Bihar. 3.

The Director Agriculture, Department of Agriculture, Department of Agriculture, Government of Bihar.

4.

The Administrator, Bihar State Agriculture Marketing Board 5.

The Agriculture Produce Commissioner, Agriculture Department Government of Bihar.

6.

The Under Secretary Bihar State Agricultural Marketing Council (Dissolved) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bivutosh Kumar, Advocate Mr. Sumit Kumar Jha, Advocate Mr. Ravi Bhushan Bharat, Advocate For the Respondent/s :

Mr.Anant Prasad Singh ( SC- 15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2024 The present writ petition has been filed seeking the following relief:- "1. a) For a writ of Mandamus against the Respondents (2) to (6) commanding them thereby to release the dues of salaries, allowances, and gratituties etc. to the petitioner for the period between 09/07/1997 to 06/06/2001 during which he was kept out of service, and for other consequential benefits.

Patna High Court CWJC No.7734 of 2022(2) dt.06-02-2024 2/3 b) For a writ of Mandamus commanding thereby Respondent no.5 to execute his order dated 01/10/2015 passed in Appeal No.09/2005.

c) For a writ of Mandamus commanding thereby the Respondent no. 4 to further supervise the compliance of his letter dated 16/10/2015 vide Letter No.

1542/Patna.

d) For a writ of Mandamus commanding hereby Respondent No. 6 for execution of his Official Order, Vide Official order No.59/Patna, Memorandum No.151/Patna, dated, 21/01/2016 issued in favour of the petitioner."

2.

At the outset, the learned counsel for the petitioner has submitted that most of the retiral dues have stood paid to the petitioner, however, now only the amount of earned leave is remaining to be paid.

3.

In view of the aforesaid, I deem it fit and proper to direct the Administrator, Bihar State Agriculture Marketing Board, Patna to take a final decision with regard to the entitlement of the petitioner for grant of the earned leave amount, by

Patna High Court CWJC No.7734 of 2022(2) dt.06-02-2024 3/3 passing a reasoned and a speaking order, in accordance with law, within a period of four weeks of receipt/production of a copy of this order. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U