Nirbhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10746 of 2020 ====================================================== NIRBHAY KUMAR SINGH Son of Late Janaki Prasad Singh Resident of village- Khariya, P.s.- Bariyar, District- Munger, ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Energy , Govt. of Bihar 2.

The Principal Secretary, Department of Energy , Govt. of Bihar 3.

Bihar State Hydro Electric Power Corporation through Managing Director, Sone Bhawan 2nd Floor, B.C. Patel Marg, Patna 4.

The Chairman Bihar State Hydro Electric Power Corporation, Sone Bhawan, 2nd floor, B.C. Patel Marg, Patna 5.

The Managing Director, Bihar State Hydro Electric Power Corporation, Sone Bhawan, 2nd floor, B.C. Patel Marg, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Bhushan Mishra For the Respondent/s :

Mr. Abbas Haider, SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) Issuance of a direction order or writ including the writ of mandamus commanding the respondents to make the payment of arrears of salary as well as the current salary to the petitioner as he is not being paid his salary from the month of April 2020 to till the date although he is working as the Asst. Engineer to the best of his abilities and to the full satisfaction of the authorities.

(ii) Any other relief/reliefs that the petitioner may be found to be entitled in the facts and circumstances of the case."

Patna High Court CWJC No.10746 of 2020 dt.12-01-2022 2/2

3. The concerned respondent is hereby directed to examine the petitioner's grievance relating to payment of arrears of salary and current salary and decide the same within a period of three months from the date of receipt of this order. If the petitioner is entitled to arrears of salary in that event he is entitled to interest @ 8 % per annum in the light of Apex Court decision in the case of Vijay L. Mehrotra Vs. State of Uttar Pradesh and Others reported in 2001 9 SCC 687.

4. With the above observation, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date