Raja Mian v. The State Of Bihar Through The Secretary Cum Commissioner, Minor Irrigation, Government Of Bihar, P

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3820 of 2017 In Civil Writ Jurisdiction Case No.614 of 2017 ====================================================== Raja Mian, son of Mohammad Jallaluddin Mian, resident of Village and P.O.- Baraon Kala, P.S.- Akorhi Gola Dehri, District- Rohtas, now presently resident of Mohalla- New Azimabad Colony, Shershah Street, Sector- D, P.S.- Sultanganj, and District Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary Cum Commissioner, Minor Irrigation, Government Of Bihar, Patna.

2. The Secretary-cum-Commissioner, T.N. Bindeshwari, Minor Irrigation, Government of Bihar, Patna.

3. The Co-ordinator, Minor Irrigation (Tube-well) Division, Bihar, Patna.

4. The Joint Secretary (Gopal Krishna Praheush), Department of Minor Irrigation, Government of Bihar, Patna.

5. The Deputy Secretary (Sanjay Kumar), Department of Minor Irrigation, Government of Bihar, Patna.

6. The Chief Engineer (Ram Pukar Ranjan), (North) Tube Well Section, Muzaffarpur, District - Muzaffarpur.

7. The Superintending Engineer, Tube-well Division, Muzaffarpur, District - Muzaffarpur.

8. The Executive Engineer (Krishna Kumar Singh), Tube-well Division, Hazipur at Vaishali.

9. The District Magistrate (Arbind Kumar Verma), Buxar.

10. The Executive Engineer, Tube-well Division, Buxar.

11. The Block Development Officer (Pramod Kumar), Dumraon, District - Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar For the Opposite Party/s :

Mr. Neeraj Kumar Sinha, AC to PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date : 06-02-2019 Heard Mr. Md. Abu Haidar, learned counsel appearing for the petitioner and Mr. Neeraj Kumar Sinha, learned Assisting Counsel to Principal Additional Advocate General No.2 for the State.

The writ petition was allowed while quashing the punishment order and directing for payment of consequential benefits in the form of release of differential salary for the

Patna High Court MJC No.3820 of 2017 dt.06-02-2019 2/2 suspension period as well as the salary for the period 01.07.2002 to December, 2003.

Mr. Sinha invites the attention of this Court to Annexure R/5 to submit that whatever dues that was pending for payment by way of consequential benefits amounting to Rs.2,72,192/- has been paid to the petitioner and which fact is admitted by Mr. Md. Abu Haidar, learned counsel appearing for the petitioner save and except that according to the petitioner, this is not the consequential benefits in its entirety. According to the petitioner, the differential salary for the suspension period has not been paid.

Having heard learned counsel for the parties and considering the dispute raised on the differential salary as well as on other claims sought to be raised by learned counsel for the petitioner, I am of the opinion that case of contempt subsists and the petitioner would be well advised to raise his claim before the appropriate authority together with supportive facts and figures. It goes without saying that any such claim being raised by the petitioner would be considered by the authority concerned and be disposed of within three months of its filing. The contempt application is disposed of accordingly. (Jyoti Saran, J) Skpathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2019 Transmission Date NA