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Patna High CourtCWJC/11657/2015disposed

Devanand v. The State Of Bihar And ORS

2023-08-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11657 of 2015 ====================================================== Devanand Son of Late Sant Lal Yadav, Resident of Village / Mohalla - East Nand Gola, P.S. Malsalami, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Principal Secretary, Road Construction Department, Bihar, Patna. 3.

The Engineer-in-Chief-Cum-Additional Commissioner-Cum-Special Secretary, Road Construction Department, Bihar, Patna. 4.

The Deputy Secretary, Road Construction Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Nath Pathak, Advocate For the Respondent/s :

Mr.S.D. Yadav, AAG-9 Mr.Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2023

1. The present writ petition has been filed seeking the following relief(s):- "That by this application, the Petitioner is invoking the writ jurisdiction of this Hon'ble Court in the nature of writ and writs for directing the respondent to pay full salary for the period from 20.01.2010 to 29.08.2011 treating the period from 09.03.2010 to 29.08.2011 as period of waiting for posting in Road Construction Department. However, the period from 20.01.2010 to 29.08.2011 has been regularized by way of commuted leave/earned leave/half pay leave vide Office Order No. 161 dated 13.08.2013 issued by the Engineer- inChief-Cum-Additional Commissioner-Cum-

Patna High Court CWJC No.11657 of 2015(2) dt.31-08-2023 2/2 Special Secretary, Road Construction Department, Bihar, Patna without treating the period from 09.03.2010 to 29.08.2011 as waiting for posting in Road Construction Department, Bihar, Patna (Annexure-8) even there is a order of Secretary, Road Construction Department, Bihar, Patna for the same on 24.08.2011 as will be borne out from Annexure-4."

2. At the outset, the learned for the petitioner seeks liberty on behalf of the petitioner to approach the Principal Secretary, Road Construction Department, Bihar, Patna for redressal of his aforesaid grievances and for review of the office order dated 13.08.2013, issued by the Engineer-in-Chief-CumAdditional Commissioner-Cum-Special Secretary, Road Construction Department, Government of Bihar, Patna. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U