Chhote Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11825 of 2015 ====================================================== Chhote Lal Son of Late Ram Rakshaya Ram, resident of Mohalla - Hospital Chowk, Chapra, P.O. - Chapra, P.S. - Bhagwan Bazar, District - Saran, posted as Sweeper in Nagar Parishad, Chapra.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2.

Nagar Parishad, Chapra, through its Executive Officer, At and P.O. and P.S. - Chapra, District - Saran 3.

The Chairman, Nagar Parishad, Chapra, At and P.O. and P.S. - Chapra, District - Saran.

4.

The Executive Officer, Nagar Parishad, Chapra, At and P.O. and P.S. - Chapra, District - Saran.

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

For the Petitioner/s :

Mr.Praveen Prabhakar, Adv.

For the Respondent/s :

Mr. Balram Kapri, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-08-2023 The present writ has been filed seeking the following reliefs:- "1(a). To issue a writ of mandamus, commanding the respondents to ensure regular and punctual payment of the Salary of the petitioner in the first week of each succeeding month of English Calendar and to pay the dues salary of the petitioner since November 2014 till date immediately.

(b) To issue a further writ of mandamus, commanding the respondents to discharge their legal obligation to follow their own decision and

Patna High Court CWJC No.11825 of 2015(2) dt.25-08-2023 2/3 also Judgment and order dated 20.1.2014 passed by this honourable court in C.W.J.C. no. 16330 of 2012 and analogous cases and to pay arrears of difference of salary of the petitioner since April 1997 till September 2009 along with D. A, after deducting the ad-hoc payments, if any, which have become due on the basis of implementation of Vth and VIth pay revision committee report as well as assured career promotion scheme to the employees of Nagar Parishad, Chapra.

(c) To issue a further writ of mandamus, commanding the respondents to furnish the details of provident fund account of petitioner from the date from which deductions from the salary of petitioner was started in the said account till date, along with calculation chart of interest on said payments.

(d) To issue a further writ of mandamus, commanding the respondents to pay the petitioner arrears of difference of enhanced pay for the period 1989-90 to 1992- 93, amount of increment since 1.4.95, dues amount of salary of petitioner of 3 months 17 days for the strike period and also arrear of his Bonus since April 1992 till date and also difference of D.A. since April 93 to March 2004, as admissible in law, for which he may be found entitled.

(e) To issue further writ of mandamus, commanding the respondents to pay the entire arrears of difference of salary and other dues of

Patna High Court CWJC No.11825 of 2015(2) dt.25-08-2023 3/3 the petitioner along with their calculation charts and amount of interest at the rate of 18% per annum, since the date the amounts have become due, till the date of their payments.."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U