Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11130 of 2023 ====================================================== Anil Kumar Singh S/O Late Awadhesh Kumar Singh R/O Ranjeet Sadan, North of Railway Line, Noth Dahiyawan Tola, P.S.-Chapra Town, DistirctSaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Law Department, Government of Bihar, Patna.

2.

The Bihar State Legal Services Authority, Budh Marg, Patna through its Member Secretary At Budh Marg, Patna.

3.

The Distirct and Sessions Judge-Cum-Chairman, District Legal Service Authority, Muzaffarpur.

4.

The Secretary, District Legal Service Authority, Muzaffarpur 5.

The District Collector-Cum-Vice-Chairman, the District Legal Service Authority, Muzaffarpur 6.

The Treasury Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv.

For the Respondent/s :

Mr.Prasant Pratap ( Gp 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of a writ in the nature of mandamus directing the respondents to pay due honorarium and other allowances to the petitioner for his work done as Member, Permanent Lok Adalat, Muzaffarpur for the period of 2017-22. (ii). For issuance of any other appropriate writ/order/direction for which petitioner shall be entitle under the facts and circumstances of the case."

Patna High Court CWJC No.11130 of 2023(6) dt.28-06-2024 2/3 2.

At the outset, the learned counsel appearing for the Respondent-State submits that the petitioner is entitled for professional fees (work done as a non Judicial Advocate Member) for the period 1.3.2020 to 1.6.2021 i.e. the period during which sittings of the Permanent Lok Adalat were held and upon computation of payable honorarium amount, the same works out to a sum of Rs. 2,86,000/-, apart from the petitioner being entitled to convenience allowance to the tune of Rs. 60,000/-, totalling to a sum of Rs. 3,46,000/-. It is also submitted that the aforesaid amount has been calculated as per the Rules of Permanent Lok Adalat (other terms and conditions of Appointment of Chairman and Other Person) Rules, 2003. 3.

The learned counsel for the petitioner submits that the petitioner should also be paid for the period during which sittings could not be held on account of Covid-19 Pandemic, as has been paid to similarly situated persons in the district of Saran at Chhapra and Bhagalpur and for the said purpose, he seeks liberty on behalf of the petitioner to approach the Respondent authorities. Liberty, so sought, is granted. 4.

At this juncture, the learned counsel for the petitioner submits that the petitioner is ready and willing to accept the aforesaid sum of Rs. 3,46,000/- hence, the same be paid to him

Patna High Court CWJC No.11130 of 2023(6) dt.28-06-2024 3/3 forthwith, to which the learned counsel for the Respondent-State submits that he would ensure that the aforesaid amount is paid to the petitioner within a period of four weeks from today. 5.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U