Upendra Sah v. The State Of Bihar Through Mr. Arun Kumar Singh, Secretary, Water Resources Department, Government

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3899 of 2016 In Civil Writ Jurisdiction Case No.13144 of 2008 ====================================================== Upendra Sah son of Late Lakhan Sah, resident of Village- Jagatpur, P.O.- Barail, Police Station and District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Arun Kumar Singh, Secretary, Water Resources Department, Government of Bihar, Patna 2.

Mr. Prakash Das, the Chief Engineer, Water Resources Department, Birpur, District- Supaul.

3.

Mr. Shyama Nand Jha, the Joint Secretary, Water Resources Department, Government of Bihar, Patna.

4.

Mr. Dinesh Prasad, the Superintending Engineer, Baraj Anchal Birpur, District- Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Verma For the Opposite Party/s :

Mr.Aag4 Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2020 Heard both sides.

The writ court by order dated 26.07.2016 passed in CWJC No.13144 of 2008 restored the time bound promotion granted to the petitioner with effect from 05.09.1989 and directed to make payment of all consequential benefits upon restoration of his promotion in the form of arrears of pay and allowances. Since the petitioner has already superannuated on 31.01.2013, the Chief Engineer and other authorities were directed to take steps for providing consequential benefits to the petitioner within a period of three months from the date of receipt/production of the aforesaid order. The Chief Engineer

Patna High Court MJC No.3899 of 2016(6) dt.28-01-2020 2/2 filed second show-cause and made specific statement in para 7 that First Time Bound Promotion of the petitioner was restored with effect from 05.09.1989 and all the consequential benefits have been ordered to be paid.

Learned counsel for the petitioner submits that the petitioner has still grievance and there is some difference in rendition of account.

Having considered the facts that the order has already been complied, no further action is required to be taken. Accordingly, this contempt petition is disposed of with liberty to the petitioner to file a detailed representation showing any discrepancy in accounts with regard to payment of consequential benefits before the Chief Engineer within six weeks from the date of receipt of this order and thereafter the Chief Engineer shall dispose of the representation of the petitioner within two months thereafter. If the petitioner is entitled to get any further amount on account of restoration of his time bound promotion with effect from 05.09.1989 and any further consequential benefits, the same shall be paid forthwith thereafter.

(Prabhat Kumar Jha, J) Harish/- U