Shubh Chandra Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4428 of 1998 ====================================================== Shubh Chandra Mishra S/o Late Bungali Mishra, resident of village- Arer Panchayat Secretary Arer District Madhubani .... .... Petitioner

Versus

1. The State of Bihar

2. The Superintendent of Librarian, Sinha Library Campus, Patna

3. The Education Commissioner, Human Resources Department, Bihar, Patna

4. The District Education Officer, Madhubani .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shailendra Kumar Jha For the Respondents : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2015 Learned counsel for the petitioner has drawn my attention to the order dated 19.12.2011 and has submitted that during the pendency of the writ application, a substantial amount to the tune of Rs. 1,07,000/- and odd has been paid to the petitioner towards arrears of salary. He submits that petitioner may be granted liberty to approach the authorities for calculation of arrears for which he is entitled to and in case the petitioner is found entitled to higher than what has been paid, the authorities will, in turn, be required to pay such arrears.

The stand taken on behalf of the petitioner appears to be fair.

This writ application is disposed of with a liberty to

Patna High Court CWJC No.4428 of 1998 (15) dt.11-02-2015 2/2 the petitioner to approach the authorities with his own calculation as regards arrears of salary if, according to him, the amount, which has been paid to him, is less than what he is entitled to. If the petitioner files a representation in this regard before the Superintendent of Librarian, Bihar, Patna, respondent No.2, within a period of one month from today, the court expects that respondent No.2 shall consider the said representation and come to a final conclusion within a period of two months thereafter. If the petitioner is found entitled to payment of any amount, over and above what has already been paid to him, the said difference must be paid to him within a period of one month thereafter.

This writ application is disposed of, accordingly. (Chakradhari Sharan Singh, J) BKS/- U