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Patna High CourtMJC/469/2015disposed

Braj Raj Kishore v. The State Of Bihar And ORS

2019-01-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.469 of 2015 In Civil Writ Jurisdiction Case No.20446 of 2010 ====================================================== Braj Raj Kishore S/O Late Ramjee Prasad Verma R/O Bindhyavasni Street, Behind Ayurvedic Hospital, New Area, Kadamuan, P.S. - Kadamkuan, Distt. - Patna - 80000 3 ... ... Petitioner/s

Versus

1. The State of Bihar Through Secretary Rural Development Department, Govt. Of Bihar, Patna

2. S.M.Raju, The Secretary Rural Development Department, Govt. Of Bihar, Patna

3. Rachana Patel, T he Deputy Development Commissioner - Cum - Chief Executive Officer Zila Parishad, Distt. - Nalanda, Biharsharif

4. Rachna Patel , The Chief Executive Officer , Zila Parishad, Biharsharif ... ... Opp.Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Shankar Prasad, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-01-2019 Despite valid service of notice, opposite party Nos. 3 and 4 have not appeared before this Court. The direction of the Writ Court was to be complied with by the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif. The Writ Court after hearing the parties directed the respondents to pay additional allowance of 20% of basic salary for holding charge of independent higher post of District Engineer for the period from 5.12.1992 to 31.1.2010. The said direction was issued on 7.8.2014 but till date the same has not been complied with.

Under the aforesaid circumstances, the Court is

Patna High Court MJC No.469 of 2015(4) dt.04-01-2019 2/2 constrained to direct the Deputy Development Commissionercum-Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif to either implement the direction issued by the Writ Court in CWJC No. 20446 of 2010 dated 7.8.2014 in its letter and spirit or get it stayed/modified or set aside by the superior Court within a period of one month from today, failing which the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif shall not draw his salary until order of the Writ Court is complied with in its letter and spirit.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U