Bharat Lal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6831 of 2015 ====================================================== Bharat Lal Singh, son of Late Ram Lekha Singh, Resident of VillageChauhar, P.S.- Karpi, District- Arwal, presently residing at village- Paharpura, P.S.- Haspura, District- Aurangabad.

... ... Petitioner/s

Versus

1. The State of Bihar, through the Principle Department of Human Resource Department

2. The District Superintendent of Education Jehanabad cum Arwal

3. Block Education Extension officer Karpi, District- Jehanabad

4. The Head Master, Middle School Ram Purchay, P.S.- Karpi, District- Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mani Madhukar, Advocate For the Respondent/s :

Mr. Gp32-Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 27-11-2018 Heard learned counsel for the petitioner and the respondents.

2. The grievance of the petitioner in the instant writ application is inaction on the part of the respondents notwithstanding the fact that the claim of the petitioner for grant of salary for the period of suspension i.e. 18.01.1991 to 31.12.1999 was sanctioned by the respondents vide Memo no. 3095 dated 31.12.1999, but till date the petitioner has not been paid salary in terms of Memo no. 3095 dated 31.12.1999.

3. The other grievance of the petitioner in the instant writ application is non-payment of difference of arrears of salary

Patna High Court CWJC No.6831 of 2015 dt.27-11-2018 2/3 on account of 5th and 6th Pay Revision Commission recommendation.

4. Considering the fact that the respondents have admitted the entitlement for grant of salary for the period 18.01.1991 to 31.12.1999, the respondents are hereby directed to take steps for payment of the same at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order, failing which the aforesaid arrears will carry interest at the rate of 9% per annum from the date i.e. 31.12.1999 till the date of actual payment and the interest component shall be paid by the respondent authorities of the education department.

5. So far as arrears of difference of salary is concerned, the respondents are also required to take appropriate decision on account of pay revision as per 5th and 6th Pay Revision Commission recommendation within the time frame as indicated herein above, failing which the difference of arrears will also carry interest at the rate of 9% per annum from the date of its accrual till the date of actual payment and the interest component shall be responsibility of the officials of the education department.

6. It goes without saying that in addition thereto whatever is admitted by the respondents, they are required to make

Patna High Court CWJC No.6831 of 2015 dt.27-11-2018 3/3 payment of the admitted dues within the time frame as indicated herein above.

7. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2018 Transmission Date