Sitaram Rai @ Sitaram Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2731 of 2021 ====================================================== Sitaram Rai @ Sitaram Roy Son of Late Saini Ray Resident of village and P.O.-Ghoghardiha, Ward no.9, PS-Ghoghardiha, district-Madhubani, Pin Code-847402, Presently-At present working as Pump Khalasi Udhbah Sinchai Yojna, Darhi, Minor Irrigation Sub-Division, Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar The Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna.

3.

The Joint Secretary (CFMS Incharge) Finance Department, Bihar, Patna. 4.

The District Magistrate, Khagaria.

5.

The Chief Engineer, Minor Irrigation Department, Muzaffarpur. 6.

The Superintendent Engineer, Minor Irrigation Circle, Munger. 7.

The Executive Engineer, Minor Irrigation Division, Khagaria. 8.

The Deputy Secretary-cum-CFMS Nodal Officer, Minor Irrigation Department, Government of Bihar, Patna.

9.

The Treasury Officer, Khagaria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate For the Respondent/s :

Mr. Ajeet Kumar, GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 28-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned State Counsel accepts notice for respondents. In the instant petition, petitioner has prayed for the following relief(s):- "(i) For issuance of an appropriate order, direction or writ in the nature of Mandamus commanding the respondents to make payment of arrears of

Patna High Court CWJC No.2731 of 2021 dt.28-01-2022 2/2 salary from November 2018 to till date with interest and current salary to petitioner.

(ii) For any other relief or reliefs for which the petitioner may be found entitled in the facts and circumstances of the case."

Short question for consideration is whether the petitioner is entitled for arrears of salary from November, 2018 till date and continue to get the salary or not? In this regard, grievance of the petitioner is pending consideration before the concerned respondent.

The concerned respondent is hereby directed to pass a speaking order as to whether petitioner is entitled to arrears of salary from November, 2018 till date and continue to entitlement of salary or not. The speaking order shall be passed and communicated to the petitioner. If the petitioner is entitled to arrears of salary the same shall be calculated and disbursed to the petitioner. The above exercise shall be completed within a period of one month from the date of receipt of this order. With the aforesaid observations, the present writ petitioner stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A