Kailash Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16236 of 2011 =========================================================== Kailash Singh, Son of Late Panchu Singh Resident of Village-Baseta, P.O./P.S.- Imamganj, District-Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary-cum-Commissioner, Environment and Forest Department, Patna.

2. The Managing Director, Bihar State Forest Development Corporation Ltd., 13, Patliputra Colony, Patna-13.

3. The Divisional Manager, Minor Forest Produce Project Division, Gaya.

4. Principal Secretary, Forest and Environment Department, Govt. of Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-12-2015 Heard learned counsel for the parties.

It appears that now basically the grievance of the petitioner stands restricted to payment of leave encashment. Learned counsel for the Corporation does not dispute the entitlement of the petitioner to such payment. However, it is submitted that due to paucity of fund, they are not in a position to pay. Learned counsel has drawn the attention of the Court to an order of a co-ordinate Bench of this Court dated 04.03.2015 passed in C.W.J.C. No. 21893 of 2011 in which certain directions have been given to the State Government to release fund for employees of the same Corporation and in the first instance the Finance Department has been directed to allocate Rs. 10 crores separately for such payment on the recommendation of the Managing Director/Administrator of the

Patna High Court CWJC No.16236 of 2011 dt.15-12-2015 2/2 Corporation, as the case may be.

Learned counsel for the State submits that as and when the requisition comes with regard to the petitioner, the State shall allocate the amount to be paid to him.

In view of the aforesaid, the writ petition stands disposed off with a direction to the Corporation to forward the demand relating to payment of leave encashment of the petitioner to the State Government within one week from today, if already not done. The State Government in turn shall ensure that the amount is sent to the Corporation within three weeks thereafter. The Corporation shall then pay the amount to the petitioner within two weeks of having received the same from the State Government.

(Ahsanuddin Amanullah, J.) P. Kumar U T