Umesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3446 of 2017 ====================================================== Umesh Kumar, S/o Late Shoe Prasad Singh, resident of Village- Taregana, P.S.- Masaurhi, District- Patna. Retired as Blue Printer from Minor Irrigation Investigation Division, Sinchai Bhawan, Patna. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

3. The Principal Secretary, Minor Irrigation Department, Govt. of Bihar, Patna.

4. The Chief Engineer, Minor Water Resources Department, Vikash Bhawan, Patna.

5. The Superintending Engineer, Minor Water Resources Investigation Anchal, Patna.

6. The Executive Engineer, Earth Water Investigation Division, Vikash Bhawan, Patna.

7. The Executive Engineer, Water Investigation Division, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumod Kumar Shrivastaw, Adv.

For the Respondent/s :

Mr. Manoj Kumar Sinha, AC to GA9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 28-11-2018 Heard learned counsel for the parties.

In the present case, a proceeding was initiated against the petitioner which has finally concluded and it was decided that the period from 1.1.1975 to 19.2.1996 will be treated to be an extraordinary leave without pay for the purpose of pension but, he has been denied the salary from the year 1986 to 1996. Learned counsel for the petitioner submits that he has only grievance to the extent that he has joined the services in the year 1986 and was waiting for allotment of work or posting for ten years and, during that period, they have not allowed or assigned

Patna High Court CWJC No.3446 of 2017 dt.28-11-2018 2/2 any job to discharge the same. He further submits that everyday he has gone to the office and marked the attendance but, he was not allotted the work, there was no laches on the part of the petitioner but, the authority has not taken work from him and for which he has been deprived of the salary.

In that view of the matter, the Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna, is directed to consider the case of the petitioner and take a decision in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2018 Transmission Date