Abhay Kuma Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14765 of 2013 ======================================================

1. Abhay Kumar Sharma Son Of Late Vinod Kumar Sharma Resident Of Mohalla- Gayghat Southern Gali, Post Office Guljarbag, Police StationAlamganj (Patna City), District- Patna Presently Posted As Peon In Collectoriate, Lakhisarai, District- Lakhisarai .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Chief Secretary, Government Of Bihar, Secretariat Building, Patna

3. The Commissioner, Munger Division, Munger

4. The District Magistrate, Lakhisarai

5. The Additional Collector, Establishment, Lakhisarai

6. The Additional Collector, Nazarat, Lakhisarai

7. The Block Development Officer, Barahia .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar For the State : Mr. Binod Kumar Yadav, AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier this Court has granted four weeks time to file counter affidavit but till date no counter affidavit has been filed.

This is a very small matter. Petitioner claims for the subsistence allowances for the suspension period i.e. from 21.10.2010 to 19.12.2012. Petitioner was appointed on Class IV post on compassionate ground in Collectariate, Lakhisarai vide Memo No.226 dated 22.6.2005. He was

Patna High Court CWJC No.14765 of 2013 (3) dt.09-12-2016 asked to show cause vide Memo No.1067 dated 21.10.2010 with regard to charges and he was put under suspension vide Memo No.861 dated 21,10,2010. Claim has been made that petitioner has not been paid any subsistence allowances till date.

In such view of the matter, the District Magistrate, Lakhisarai is directed to examine the case of the petitioner with regard to entitlement of subsistence allowances. If it is found that petitioner is entitled for the same the Collector, Lakhisarai will take decision in accordance with law. For convenience, petitioner is directed to file a detailed representation before the Collector, Lakhishari who will dispose of the same within a period of three months from the date of filing of the representation. With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) U