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Patna High CourtMJC/1244/2018disposed

Lalan Kishore Verma v. The State Of Bihar Through Sri Anjani Kumar Singh, Presently Posted As The Chief Secretary,

2018-08-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1244 of 2018 In Civil Writ Jurisdiction Case No. 10163 of 2017 ======================================================

1. Lalan Kishore Verma, son of Late Satya Narayan Prasad, resident of village-Parshurampur, P.O. Murarpur, P.S. Turkaulia, District-East Champaran, presently working as Khalasi, Public Health Division, District-East Champaran at Motihari

2. Nagendra Pandey, son of Late Lalan Pandey, resident of villagePandipur, P.O. Madhurapur, P.S. Pipra Kothi, District-East Champaran, presently working as Khalasi, Public Health Division, Motihari, District-East Champaran at Motihari

3. Harishchandra Singh, son of Late Fulena Singh, resident-Siwan, presently working as Key Man, Public Health Division, Motihari, District-East Champaran at Motihari

4. Baidyanath Singh, son of Late Mangal Singh, resident of villageMatiaria Hata Tola, P.O. Bhakhua, P.S. Harsidhi, District-East Champaran, presently working as Khalasi, Public Health Division, Motihari, District-East Champaran at Motihari

5. Shami Ahmed Ansari, son of Orsali Mian, resident of villageSangrampur Mathia, P.O. and P.S. Sangrampur, District-East Champaran, presently working as Khalasi, Public Health Division, Motihari, District-East Champaran at Motihari

6. Lalan Thakur, son of Late Kailash Thakur, resident of village-Pipra Bazar, Po.O. Damodarpur, P.S. Pipra, District-East Champaran, presently working as Key Man, Public Health Division, District-East Champaran at Motihari

7. Bishundeo Yadav, son of Lage Bhogi Lal Yadav, resident of villageKabaila, P.O. Rahua, P.S. Saur Bazar, District-Saharsa, presently working as Khalasi, Public Health Division, Motihari, District-East Champaran at Motihari

8. Daya Shankar Prasad, son of ..... resident of New Chandmari, Chilwania, P.o. Motihari, P.S. Banjaria, District-East Champaran, presently working as Key Man, Public Health Division, Motihari, District-East Champaran at Motihari

9. Lalan Jha, son of Late Bucho Jha, resident of village-Dibara, P.O. Murarpur, P.S. Navhatta, District-Saharsa, presently working as Khalasi, Public Health Division, Motihari, District-East Champarn at Motihari

10. Abdus Sami Khan, son of Late Md. Islam Khan, resident of villageBania Patti, P.O. Motihari, P.S. Motihari, District-East Champaran, presently working as Key Man, Public Health Division, Motihari, District-East Champaran at Motihari

11. Sarbanand Upadhyay, son of Late Raghubansh Upadhyay, resident of village-Izra, Upadhyay Tola, P.O. Gobindganj, P.S. Sangrampur, District-East Champaran, presently working as Khalasi, Public Health Division, Motihari, District-East Champaran at Motihari

12. Muzaffarpur Alam, son of Late Gulam Rasool, resident of villageAreraj, P.O. Areraj, P.S. Govindganj, District-East Champaran, presently working as Khalasi, Public Health Division, Motihari, District-East Champaran at Motihari

13. Md. Sharif Ansari, son of Abdul Kadim Ansari, resident of village and P.O. Madhubani, Via-Dariyapur, District-East Champaran, presently working as Khalasi, Public Health Division, Motihari, District-East

Patna High Court MJC No.1244 of 2018 (3) dt.01-08-2018 2/3 Champarn at Motihari

14. Narsingh Prasad, son of Late Dharikshan Sah, resident of villageBankatwa, P.O. Mathiya, P.S. Lauria, District-West Champaran presently working as Key Man, Public Health Division, Motihari, District-East Champaran at Motihari

15. Birendra Kumar Rai, son of Late Basant Lal Rai, resident of villageDeoria, P.O. Paik Tola, P.S. Araria, District-Araria, presently working as Key Man, Public Health Division, Motihari, District-East Champaran at Motihari

16. Shankar Ram, son of Late Kangali Ram, resident of village-Dubaulia, P.O. Mauje, P.S. Ramgarhwa, District-East Champaran, presently working as Key Man, Public Health Division, Motihari, District-East Champaran at Motihari

17. Tej Narain Sahani, son of Late Fakira Sahani, resident of village and P.O. Tira, P.S. Kalyanpur, District-Samastipur

18. Brahmdeo Singh, son of Late Shree Yadav, resident of villageNauranga, P.O. and P.S. Islampur, District-Nalanda at Bihar Sharif, presently working as Tube Well Khalasi, Public Health Division, Motihari, District-East Champaran at Motihiari .... .... Petitioner/s

Versus

1. The State of Bihar through Sri Anjani Kumar Singh, Presently Posted as the Chief Secretary, Government of Bihar, Patna

2. Sri Vinay Kumar, son of not known to the petitioner, presently posted as the Secretary, Public Health Engineering Department, Government of Bihar, Patna

3. Sri S.C. Mishra, son of not known to the petitioner, presently posted as the Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Public Health Engineering Department, Government of Bihar, Patna

4. Sri Raghavni Ram, son of not known to the petitioner, presently posted as the Chief Engineer, Public Health Engineering Department, Muzaffarpur

5. Sri Binod Kumar Singh, son of not known to the petitioner, presently posed as the Superintending Engineer, Public Health Engineering Circle, Motihari, District-East Champaran at Motihari

6. Sri Surendra Prasad Singh, son of not known to the petitioner, presently posted as the Executive Engineer, Public Health Division, Motihari, District- East Champaran at Motihari .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2018 The learned counsel for the opposite parties submits that the order of this Court dated 12.2.2018 passed in CWJC No. 10163 of 2017 has been complied with inasmuch as the petitioners

Patna High Court MJC No.1244 of 2018 (3) dt.01-08-2018 3/3 have already been granted the benefits of first and second A.C.P. It is submitted that in pursuance to grant of the benefits of first and second A.C.P., it has been calculated that a sum of Rs. 1,26,53,996/- is required to be made available by the government for the purposes of making payment to the petitioners and others. The learned counsel for the opposite parties submits that allocation of the aforesaid sum of money has already been made and sent to the Executive Engineer, Public Health Division, Motihari for payment to the petitioners and others. It is assured that the said amount will be paid within a period of two weeks from today.

In view of the aforesaid stand of the opposite parties, the present contempt petition is disposed of with a direction to the Engineer-in-Chief-cum-Special Secretary, PHED, Government of Bihar, Patna and the Executive Engineer, Public Health Division, East Champaran at Motihari to ensure payment to the petitioners herein, failing which they shall not draw their salary with effect from 1st of September, 2018.

(Mohit Kumar Shah, J) S.Sb/- U