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Patna High CourtCWJC/12600/2019disposed

Birendra Prasad v. The State Of Bihar

2019-06-27Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12600 of 2019 ====================================================== 1.

Birendra Prasad son of Shri Basudeo Prasad, resident of Village & P.O.- Pilich, P.S.- Parwalpur, Distt.- Nalanda 2.

Upendra Kumar Singh son of Late Ramashish Singh, resident of VillageMustafapur, P.O.- Bele, P.S.- Islampur, distt.- Nalanda 3.

Anil Kumar son of Shri Ram Naresh Singh, resident of Village & P.O.- Telmar, P.S.- Harnaut, Distt.- Nalanda 4.

Nawal Kishore Prasad son of Late Radho Mahto, resident of Village & P.O.- Nakepur, P.S.- Chhabilapur, Distt.- Nalanda 5.

Ajit Sharma son of Shri Jagarnath Mistri, resident of Village- Mayapur, P.O. and P.S.- Katrisarai, Distt.- Nalanda 6.

Bechan Prasad son of Shri Sadashiv Prasad, resident of Village & P.O.- Mundipur, P.S.- Aaugaridham, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna 3.

The District Magistrate, Nalanda, Biharsharif 4.

The District Panchayati Raj Officer, Nalanda, Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar, Advocate For the Respondent/s :

Mr. Kumar Alok (SC-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 27-06-2019 The petitioners were Dalpaties who were appointed as Panchayat Secretaries in different blocks of the District. They have not been paid their salary ever since their joining the post of Panchayat Secretary on 21.11.2017. There is no dispute over their appointments being genuine and regular. In fact, the petitioners were

Patna High Court CWJC No.12600 of 2019 dt.27-06-2019 2/3 sent for training in the Institute meant for imparting training of such panchayat functionaries but the training could not be completed because of paucity of funds. However, petitioners were directed to join their respective blocks and ever since their joining, they are discharging their functions to the satisfaction of all concerned.

2. Despite this and without any reason, the petitioners have not been paid their salary till date.

3. Several representations have been filed by the petitioners before the District Magistrate, Nalanda, Biharsharif, but no order has been passed as yet.

4. The petitioners are, under the aforesaid circumstances, directed to make a fresh representation before the District Magistrate, Nalanda, Biharsharif (respondent No. 3) within a period of four weeks from today, detailing the period for which they have not been paid their salary, who, on receipt of such representation shall pass a reasoned order in accordance with law within

Patna High Court CWJC No.12600 of 2019 dt.27-06-2019 3/3 a further period of six weeks thereafter.

5. With the aforesaid observation/direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29/06/2019