Ranbir Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7087 of 2015 ====================================================== Ranbir Kumar son of Late Saudagar Prasad Resident of Village - Sitakund Hasanpur, Police Station - Munger Muffasil, District - Munger, Presently posted as Junior Engineer Champaran Division, Motihari, District East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Water Resource Department Government of Bihar Patna 2.

The Superintending Engineer, Water Drainage Investigation Circle, Motihari, East Champaran.

3.

The Exeutive Engineer, Water Drainagae Investigation Division, Bettiah, West Champaran.

4.

The Chief Engineer, Water Resource Department, District - Purnia. 5.

The Superintending Engineer, Canal Circle, Purnia. 6.

The Executive Engineer, Irrigation Division Bathanaha Araria. 7.

The Under Secretary cum Incharge Officer Public Complaint Center, Water Resource Department, Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar No.-7, Advocate For the Respondent/s :

Mr.Avnish Nandan Sinha, ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 16-04-2019 Petitioner's claim in the instant proceedings is for grant of salary for the period August, 2009 to 05th of December, 2009. Respondents have filed counter affidavit denying the claim. Their specific assertion is that the petitioner during the said period was absent.

The issue is seriously disputed by the counsel for the petitioner. However, after some arguments he submits that the petitioner would be making an application for regularizing the

Patna High Court CWJC No.7087 of 2015 dt.16-04-2019 2/2 said period of absence by granting him the admissible amount of leave during the said period of about four months and five days. In view of the said submission, the decision has to be taken by the respondent no. 4. This Court would therefore, refrain from making any observation on the said claim of the petitioner. However, this Court would observe that if such a claim is made before the respondent no. 4 within four weeks from today, the respondent no. 4 should consider the same in accordance with law having regard to the admissible leave available to the grade of the petitioner and dispose it off by a reasoned and speaking order within a period of eight weeks thereafter.

Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date