Md. Quaiser Imam Mallick v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16566 of 2019 ====================================================== Md. Quaiser Imam Mallick Son of Late Md. Zubair Mallick Resident of Chaudhary Mohalla, Katihar, P.S.- Nagar Thana, District- Katihar (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Patna. 2.

The Director General of Police Bihar, Patna.

3.

The Zonal Inspector General of Police Darbhanga, Bihar. 4.

The Superintendent of Police Madhepura, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra Mr. Ajay Kumar Ms. Rita Rai Ms. Sandhya Sharma For the Respondent/s :

Mr. Manish Kumar (GP4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner's salary for some time was not paid and the same was paid only after excessive persuasion and litigation by the petitioner but only after his retirement. The petitioner claims statutory interest on delayed payment of the salary.

The writ petition does not chart out in detail the reason for such non-payment of salary on time. Mr. Awadhesh Kumar Mishra, learned Advocate for

Patna High Court CWJC No.16566 of 2019(2) dt.27-08-2019 2/3 the petitioner has submitted that there could be no reason for such delayed payment except the apathy and indiscipline on the part of the higher officials. This is but a general statement which cannot be accepted without a demur. Mr. Manish Kumar, learned GP-4 submits that the entire dues of salary has been paid and if at all the petitioner is claiming statutory interest on such delayed payment, the only option available to him is to knock the door of the civil court in a money suit.

Such an argument does not appear to be in tune with the litigation policy of the State and hence the same is rejected.

The petitioner, under the aforesaid circumstances, is directed to make a suitable representation before the Zonal Inspector General of Police, Darbhanga, Bihar (Respondent No. 3) within a period of four weeks, who would consider the grievance of the petitioner, ascertain the entitlement as claimed by him and the provision under which such claim has been put up and shall pass a reasoned order in accordance with law, within a further period of ten weeks

Patna High Court CWJC No.16566 of 2019(2) dt.27-08-2019 3/3 thereafter.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U