Lalan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6307 of 2018 ====================================================== Lalan Prasad Singh Son of Late Hardeo Prasad Singh Resident of Village Tilakpur, P.O. Mahmuda, P.S. Alam Nagar, District Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director Sarva Shiksha Abhiyan, Govt. of Bihar, Patna. 3.

The District Magistrate, Supaul.

4.

The Deputy Development Commissioner, Supaul.

5.

The District Education Officer, Supaul.

6.

The District Programme Officer, Primary Education and Sarva Shiksha Abhiyan, Supaul.

7.

The Junior Engineer In Charge Sarva Shiskha Abhiyan Raghopur Anchal, Supaul.

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

For the Petitioner/s :

Mr.Dharmendra Kumar For the Respondent/s :

Mr.M.P. Yadaw- GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-06-2020 The petitioner has sought for following reliefs:- "That this is an application for issuance of an appropriate writ/order/direction for payment of leave encashment amount in lieu of 275 days earned leave amounting to Rs. 3,19,000/ along with interest for the delayed period and issue necessary no dues certificate for the same as there is nothing due against the petitioner."

Patna High Court CWJC No.6307 of 2018(3) dt.01-06-2020 2/3 A counter affidavit has been filed on behalf of the respondents-State of Bihar making following statements in paragraphs 5 and 6 of the writ application:- "5. That thereafter earned leave for 275 days amounting of Rs. 3,18,495/- has been sanctioned in favour of petitioner vide office order dated 26.06.2019.

6.

That the Education Department vide letter No. 08 (SSA) dated 05.01.2019 duly signed by DEO, Supaul had instructed to DPO concerned at Goaplganj to take proper necessary action against erring officials, the then JE Sri Jitendra Kumar."

In view of the statement made in the counter affidavit, in Court's opinion, this writ application has become infructuous and is disposed of accordingly. It is made clear that the petitioner shall be at liberty to approach this Court, if according to him, despite the statement to the aforesaid effect made in the counter affidavit, he has not been paid his entitlements against leave encashment.

Let a copy of this order be communicated to the petitioner by the Registry on his address mentioned

Patna High Court CWJC No.6307 of 2018(3) dt.01-06-2020 3/3 in the writ application.

(Chakradhari Sharan Singh, J) arun/- U