Shiv Lakhan Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9297 of 2022 ====================================================== Shiv Lakhan Sahu Son of Late Jaglal Sahu resident of Village Badhar, P.S. Surunapur, P.O. Jehanabad, District Jehanabad, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Jamui. 2.

The Deputy Collector, Establishment, Jamui Collectorate, Jamui. 3.

The Circle Offiicer, Sikandra, Jamui.

4.

The Treasury Officer, Jamui.

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2026 Learned counsel for the petitioner and learned counsel for the State are present.

2.The present writ petition has been filed with a specific prayer for payment of arrears of salary to the petitioner for the period from 06.05.2006 to 31.01.2011, along with interest. The said period includes the petitioner's suspension from 06.05.2006 to 13.04.2010, and the period from 14.04.2010, i.e. after revocation of suspension and acceptance of his joining, till his retirement on 31.03.2011.

3. Learned counsel for the petitioner submits that the matter was earlier disposed of by an Award passed in CWJC No. 9187 of 2015, wherein a direction was issued to the

Patna High Court CWJC No.9297 of 2022(3) dt.31-01-2026 2/3 petitioner to file a representation before the District Magistrate, Jamui, who was directed to dispose of the same within a period of three months from the date of receipt thereof and to pay the consequential benefits within a further period of three months from the date of the said award. It was further directed that if any amount was found not payable, a reasoned order in that regard was to be communicated to the petitioner within the said period. Learned counsel submits that pursuant to the said direction, the petitioner preferred a representation on 19.03.2021 before the District Magistrate, Jamui; however, no order has been passed within the stipulated period. Consequently, the petitioner has preferred the present writ petition.

4. Learned counsel for the State, on the other hand, submits that although the counter affidavit has not yet been filed, he fairly concedes that the order passed in CWJC No. 9187 of 2015, in the form of an award, is required to be complied with.

5. Accordingly, the District Magistrate, Jamui is hereby directed to pass a reasoned and speaking order on the representation of the petitioner (Annexure-8 to the writ petition) within a period of 90 days from the date of production of a copy of this order, failing which the District Magistrate, Jamui shall

Patna High Court CWJC No.9297 of 2022(3) dt.31-01-2026 3/3 be liable for contempt.

6. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U