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Patna High CourtCWJC/15230/2018disposed

Md. Manzar Alam v. The State Of Bihar And ORS

2021-01-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15230 of 2018 ====================================================== Md. Manzar Alam, S/o Late Md. Shafi, resident of Village - Bhagbaisa, P.S. - Kochadhaman, District - Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Land Records and Survey Department of Revenue and Land Reforms Old Secretariat, Patna 2.

The Collector Cum Land Settlement and Survey Officer, District - Bhagalpur.

3.

Lower Divisional Clerk, Land Settlement and Survey Officer Combined Building, District - Bhagalpur.

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

For the Petitioner/s :

Mr. Atiullah, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha - SC19 Mr. Akhilesh Kumar Sinha, A.C. to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-01-2021 Heard the parties.

The petitioner was transferred four times in between 2015 to 2018 and the petitioner filed this writ application for stay of his last transfer from Bhagalpur to Madhepura vide order contained in letter no. 989, dated 29.06.2018 on the ground that frequent transfer without any reasonable cause is against the settled proposition of protection from undue harassment to a government servant.

By order dated 30.08.2018, this Court ordered for maintenance of status quo. As such, the petitioner continued at Bhagalpur and is continuing as yet.

Patna High Court CWJC No.15230 of 2018 dt.21-01-2021 2/2 Now transfer of the petitioner is already due. Hence, this writ application has become infructuous now so far aforesaid relief is concerned.

By filing I.A. No. 01 of 2019 on 22.11.2019, the petitioner prayed for amendment in prayer portion for direction to the respondents to make payment of the due salary from the month of July, 2018 to February, 2019.

Learned counsel for the respondents concedes that if the salary of the aforesaid period is due that will be paid to the petitioner at the earliest.

Respondent-authorities are directed to make payment of the salary of aforesaid period within two months. With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 22.01.2021 Transmission Date 22.01.2021