Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10448 of 2024 ====================================================== Mritunjay Kumar Son of Late Surendra Narain Sinha @ Surendra Narayan Singh, Resident of Shanti Sadan, Madnani Lane, Near Juba Sahni Park, P.S. Mithanpura, District - Muzaffarpur (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Agriculture Department, Govt. of Bihar, Patna.

2.

The Secretary, Agriculture Department, Govt. of Bihar, Patna 3.

The Director, Agriculture Department, Govt. of Bihar, Patna. 4.

The Director (Administration), Agriculture Department, Govt. of Bihar, Patna.

5.

The Joint Secretary, Agriculture Department, Govt. of Bihar, Patna. 6.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar Singh, Advocate For the Respondent/s :

Mr. Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that writ petition may be disposed of directing the respondents to pass order on the representation of the petitioner as the arrears of salary and arrears of pension were due against the Government of his father.

3. Learned counsel for the State submits that it is not

Patna High Court CWJC No.10448 of 2024(2) dt.11-07-2024 2/3 the petitioner who was employee of the government rather he is son of the employee of the government who has earlier moved before this Hon'ble Court in C.W.J.C No. 4050 of 2014 and subsequently in LPA No. 1529 of 2019, both were dismissed. Learned counsel also submits that the cause of action has arisen in this case on 20.8.2013. The father of the petitioner died on 1.10.2022 and thereafter, about two and a half year of death of his father, the petitioner has moved before this Court after filing the writ petition. Representation is also undated and there is no receiving.

4. It transpires to this Court that one writ petition C.W.J.C No. 11396 of 2019 was allowed in favour of the father of the petitioner. This Court hereby, directs to the respondent no. 3 to only consider the claim of the petitioner's father relating to the result of C.W.J.C. No. 11396 of 1992 dated 27.7.1995 and it is directed that the Director shall verify that whether the benefits accrued by virtue of decision dated 27.7.1995 in C.W.J.C No. 11396 of 1992 has been provided to the petitioner's father or not. If not provided then respondents shall provide relief to the petitioner in this matter upon filing a fresh representation along with the order passed by this Court. The respondent shall pass order within 30 days thereafter.

Patna High Court CWJC No.10448 of 2024(2) dt.11-07-2024 3/3

5. Writ Petition stands disposed of.

(Dr. Anshuman, J) Prakash/- U T