Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10320 of 2023 ====================================================== 1.

Sunil Kumar S/o Mathura Prasad, R/o Near Ramjanki Mandir, Chhatradhari Bazar, Chapra, Saran, Bihar.

2.

Ranvijay Singh S/o Vidyarthy Singh, R/o east of Bhagwat Baba, Prabhu Nath Nagar, Taari, Chapra, Saran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

Social Welfare Department through its Director, Patna, Bihar. 3.

District Child Protection Unit through its Assistant Director, Saran, Chhapra. 4.

District Magistrate, Saran, Chhapra.

5.

Principal Secretary, Social Welfare Department, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saket Anand, Adv.

Ms. Chhaya Kirti, Adv.

For the Respondent/s :

Mr.Md. Raisul Haque (Sc10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2024 At the outset, the learned counsel for the petitioners seeks permission to add Principal Secretary, Social Welfare Department, Patna, as party Respondent No. 5, to the present writ petition. Permission, so sought, is granted. The needful be done during the course of the day.

2.

The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ(s), order (s) or direction(s) in the nature of mandamus or any other writ(s) order(s) directions(s) to the respondent no. 4 to cancel/set aside its order

Patna High Court CWJC No.10320 of 2023(3) dt.28-06-2024 2/3 dated 09.06.2023.

(ii). For issuance of appropriate writ(s), order (s) or direction(s) in the nature of mandamus or any other writ(s) order(s) directions(s) of appropriate nature directing the respondent no. 3 to settle the claims of meeting allowance as revised w.e.f 01.04.2022 including the travel allowance and disburse the amount of honorarium in favour of the petitioners.

(iii). For issuance of appropriate writ(s), order (s) or direction(s) in the nature of mandamus or any other writ(s) order(s) directions(s) of appropriate nature restricting the respondent no. 3 and 4 within its powers so as to secure the independence of Child Welfare Committee which is a statutory and quasi-judicial body constituted for the purpose of welfare of children."

3.

Though the present writ petition has been filed for setting aside the order dated 9.6.2023, passed by the Respondent No. 4, however, since now the petitioners have been terminated from their posts during the interregnum period, the only issue, which survives for consideration, is payment of wages for the period starting from September, 2022 to September, 2023 and for the said purpose, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Respondent No. 5 i.e. the Principal Secretary, Social Welfare Department, Patna,

Patna High Court CWJC No.10320 of 2023(3) dt.28-06-2024 3/3 for redressal of their grievances. Liberty, so sought, is granted. 4.

It is needless to state that in case the petitioners approach the Respondent No. 5, by filing appropriate representation, within a period of two weeks from today, the same shall be disposed off, by a reasoned and a speaking order, in accordance with law, forthwith.

5.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U