Ashok Kumar v. The State Of Bihar Through Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2338 of 2021 ====================================================== Ashok Kumar son of Late Harischandra Prasad resident of village Kansar P.S. - Belsar District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Department of Excise, Prohibition and Registration Bihar, Patna.

2.

The Inspector General of Registration Government of Bihar, Patna. 3.

The Assistant Inspector General of Registration, Bihar, Patna. 4.

The Assistant Inspector General of Registration Purnea Division, Purnea. 5.

The District Magistrate, Araria.

6.

The District Sub Registrar Araria.

7.

The District Sub Registrar, Farbesganj.

... ... 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 JUDGMENT Date : 27-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for the Respondents.

3. Counsel for the petitioner is hereby directed to furnish hard copy of the petition to counsel for the Respondents/State.

4. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondents to make the payment of arrears of salary for the period August 2016 to till

Patna High Court CWJC No.2338 of 2021 dt.27-01-2022 2/2 date to the petitioner. Which has wrongly and illegally been with hold by the respondents.

(ii) To direct the respondents to make the payment of penal interest to the petitioner with respect to the arrears of salary as indicated above not paid on account of delay and laches on the part of the respondents.

(iii) To any other reliefs to which the petitioner may be found entitled in the facts and circumstances of the case."

5. Short question for consideration is whether petitioner is entitled to payment of arrears of salary as claimed in his representation dated 29.08.2020 vide Annexure 5 or not?

6. The concerned respondent is hereby directed to pass a speaking order and communicate to the petitioner. If petitioner is otherwise eligible for arrears of salary, the same shall be calculated and disbursed. The above exercise shall be completed within a period of two months from the date of receipt of this order.

7. Accordingly, writ petition is disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 29.01.2022 Transmission Date