Udaya Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12737 of 2019 ====================================================== Udaya Shankar Singh, male, aged about 61 years, Son of Late Awadh Narayan Singh, Resident of House No.33, Mandir Marg, West Anandpuri, Post Office- G.P.O., Police Station- S.K. Puri, District and Town- Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Chief Secretary, Government of Bihar, Patna.

2.

The Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The District Magistrate, West Champaran, Bettiah. 4.

The Sub Divisional Officer, Bettiah Sadar, West Champaran. 5.

The District Supply Officer, West Champaran, Bettiah. 6.

The District Magistrate, Katihar.

7.

The Sub Divisional Officer, Barsoi, District- Katihar. 8.

The District Magistrate, Madhubani.

9.

The Sub Divisional Officer, Madhubani.

10.

The Sub Divisional Officer, Jhanjharpur, District Madhubani. 11.

The District Magistrate, Bhojpur.

12.

The Sub Divisional Officer, Arrah, District- Bhojpur. 13.

The District Magistrate, Madhepura, and 14.

The Sub Divisional Officer, Madhepura, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Ravish, Adv.

For the Respondent/s :

Mr. Arvind Ujjwal (SC4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 28-06-2019

2/4 The petitioner seeks a direction to the respondent authorities to make available to him the arrears of salary for the period which has been noted down in paragraph 1 of the writ petition and which has not been paid to him.

2. It has been submitted on behalf of the petitioner that because of non-payment of the arrears of salary, despite the petitioner having retired from the post of Additional District Supply Officer on 31.12.2018, his pension also has not been fixed. It has further been submitted that during the service tenure of the petitioner, he worked in five different sub-divisions in four different districts and at all places, because of some anomaly in the service book or for the some reason or the other, the arrears of salary could not be paid to him. The entire amount of the arrears ultimately accumulated to a whopping amount and, therefore, the concerned District Magistrate, from whose jurisdiction the petitioner retired, viz., the District Magistrate, West Champaran, Bettiah has sought release of funds for payment of the admitted dues of the petitioner by way of arrears of

3/4 salary for the period which has been noted down in the writ petition.

3. The learned counsel for the petitioner has drawn the attention of this Court to the order of the District Magistrate, West Champaran, Bettiah, asking for a report from all the sub-divisions in different districts, so that payment could be made to the petitioner at the earliest. The reports from different sub-divisions do not appear to have been received by the District Magistrate.

4. A representation also has been filed by the petitioner before the District Magistrate, West Champaran, Bettiah for redressal of his grievances, but no positive order has been passed till date.

5. Hence, the present writ petition.

6. The petitioner, under the aforesaid circumstances, is directed to make a fresh representation before the District Magistrate, West Champaran, Bettiah (respondent No. 3) within a period of four weeks from today, who, on receipt of such representation, shall ensure compliance of his earlier demand of submission of report

4/4 regarding the petitioner from different sub-divisions and districts, so that the arrears of the salary of the petitioner could be paid to him and shall pass a reasoned order in accordance with law within a further period of six weeks thereafter.

7. Needless to state that the District Magistrate, West Champaran, Bettiah shall be under an obligation to issue reminder letters to all such persons who are required to send the report for redressal of the grievances of the petitioner. The whole exercise must be completed within the time-line fixed by the Court.

8. The other respondents in the writ petition, who are supposed to send the report, are also expected to cooperate in the matter.

9. With the aforesaid observation/direction, the writ petition stands disposed off.

Praveen-II/- (Ashutosh Kumar, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.07.2019 Transmission Date N/A