Arun Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4158 of 2021 ====================================================== Arun Kumar Jha, Son of Gajanand Jha Resident of Pariharpur, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the District Magistrate, Madhubani. 2.

The District Panchayati Raj Officer Madhubani. 3.

The District Education Officer Madhubani.

4.

The Establishment Deputy Collector Madhubani. 5.

The Block Development Officer Laukahi, (Madhubani). 6.

The Block Development Officer Pandaul, (Madhubani). 7.

The Block Education Officer Laukahi, (Madhubani). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 31-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 pandemic. State counsel accepts notice for the respondents. Petitioner's counsel is hereby directed to furnish hard copy of the petition to the State counsel within a week. In the instant petition, petitioner has sought for following reliefs :

(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing the respondents to make the payment of salary to petitioner from the period July, 2016 to till date.

(ii) To direct the respondent No.5, i.e., the Block Development Officer, Laukahi to make available the last pay certificate in the office of respondent no.06, i.e., the Block Development Officer, Pandaul, so that

Patna High Court CWJC No.4158 of 2021(2) dt.31-01-2022 2/2 salary of the petitioner for the period July, 2016 to till date be paid.

(iii) To direct the respondents to make the payment of penal interest @ 15% to the petitioner for the salary stopped from the period July, 2016 to till date.

(iv) To any other relief/ reliefs to which the petitioner may be fund entitled in the facts and circumstances of the case."

Short question for consideration whether the petitioner is entitled for salary during the period from July, 2016 till date? In this regard, the petitioner submitted representation dated 26.08.2018, which is still pending for consideration before the Authority. Therefore, the concerned authority is hereby directed to redress the grievance in the light of representation dt. 26.08.2018 and the fact that the petitioner is a discharged employee. The necessary calculation shall be made and paid to the petitioner along with interest at the rate of 6 per cent per annum. If the petitioner is found otherwise eligible for salary for the future date, the same shall also be examined and decided within a period of two months from the date of receipt / production of a copy of this order. (P. B. Bajanthri, J) sanjeev/- U