Rajendra Prasad Gour v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8464 of 2022 ====================================================== Rajendra Prasad Gour, aged about 61 years, Male, Son of Sri Bhagwan Das Gour, Resident of C/1, Sinchai Divisional Colony, Sikandra, P.S.- Sikandra, District- Jamui at present residing at 527/1 Baldevbhag Rewa Town, Near Sangam Colony Jain Mandir, P.S.- Kotwali, Jabalpur, District- Jabalpur (Madhya Pradesh).

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Secretary Water Resources Department, Bihar, Patna. 3.

The Joint Secretary Water Resources Department, Government of Bihar, Patna.

4.

The Deputy Secretary to the Government, Water Resources Department, Bihar, Patna.

5.

The Chief Engineer, Irrigation Creation, Water Resources Department, Bhagalpur.

6.

The Superintending Engineer, Sinchai Anchal, Jamui. 7.

The Accountant General Bihar, Patna.

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

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Respondent/s :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-08-2023 Heard Mr. Indu Bhushan, learned counsel appearing on behalf of the petitioner and Mr. Anjani Kumar, learned AAG4 appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has retired from the post of Executive Engineer on 28.02.2021 while he was posted in Sinchai Pramandal, Sikandra, Jamui. He seeks to file detailed representation before the Additional Chief Secretary, Water

Patna High Court CWJC No.8464 of 2022(2) dt.10-08-2023 2/2 Resources Department, Government of Bihar in light of the order dated 11.04.2023, passed in C.W.J.C No. 5005 of 2023 (Tarkeshwar Dhar Dwivedi vs. The State of Bihar & Ors.). Learned counsel further submits that the case of the petitioner is also covered by a judgment of Full Bench of this Court as well as Judgment passed by the Hon'ble Apex Court in case of Dr. Hira Lal vs. The State of Bihar & Ors., reported in (2020) 4 SCC 346.

3. The Additional Chief Secretary, Water Resources Department, Government of Bihar is directed to dispose of the representation of the petitioner after providing opportunity of hearing in light of the law laid down by the Hon'ble Apex Court in case of Dr. Hira Lal (supra) within a period of six weeks. The payment must be paid during the aforesaid period of which the petitioner is entitled along with statutory interest.

4. With above observation and direction, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj Nilmani/- U