Radhe Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1695 of 2016 ====================================================== Radhe Prasad Son of Late Fakira Mistri, Resident of Mohalla - Vanarshi Ghat Barh, Ward No. 4, Post Office / Police Station - Barh, District - Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Library Superintendent, Bihar, Patna at Sinha Library, Chhjubagh, Patna.

2. The District Education Officer - cum - Secretary, District -Library, Patna.

3. The Librarian, District Central Library, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.R.N. Prasad- Sc9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

Counsel for the petitioner submits that even after attaining the age of retirement i.e. the age of 60 years on 31.10.2007, the authorities were taking work from the petitioner on the post of Librarian at the Sub Divisional Library, Barh, District Patna. Referring to the office order dated 9.12.2013 issued by Director, Library and Information Center, Bihar, Patna it is submitted that since in many such Libraries similar appointment was being continued, by the said office order, which was issued in presence of the petitioner and other similarly situated, direction was given that the petitioner and other similarly situated to hand over charge of their duty

Patna High Court CWJC No.1695 of 2016(2) dt.10-01-2019 2/2 including their financial power. Accordingly, on 6.2.2014 vide charge report (Annexure 6) he handed over charge of the Library in question. He complaints that for the period when he worked after his retirement till handing over the charge he has not been paid any remuneration/salary. The period is from 1.11.2007 to 6.2.2014.

In the light of the office order dated 9.12.2013 Counsel for the petitioner submits that he would be submitting his claim before the authorities within a period of four weeks. In the event such an application is filed before respondent No. 2, he should take a decision and pay the admissible dues to the petitioner with a details of such payment within a period of four months thereafter.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U