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Patna High CourtCWJC/11677/2023disposed

Kailash Prasad Modi v. The State Of Bihar

2024-01-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11677 of 2023 ====================================================== Kailash Prasad Modi Son of Gulavi Prasad Modi, Resident of Village Nazari, Police Station- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Water Resources Department, Bihar, Patna.

2.

The Chief Engineer, Water Resources, Bhagalpur. 3.

The Superintending Engineer, Irrigation Circle, Kharagpur, Munger. 4.

The Executive Engineer, Irrigation Division, Laxmipur, Jamui. 5.

The District Magistrate, Jamui.

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh ( Ga 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That by the present application, the petitioner invoking extra ordinary jurisdiction of this Hon'ble Court prays for issuance of writ or writs in the nature of writ or writs of mandamus direct the Respondents to pay all the benefits including Dearness allowance and all the allowance till date which is never paid to petitioner since the joining of his service since 23.03.1980 as Typist."

2. At the outset, the learned counsel for the respondent-State has submitted by referring to the counter

Patna High Court CWJC No.11677 of 2023(2) dt.02-01-2024 2/2 affidavit, filed in the present case that Dearness Allowance is not payable alongwith the minimum time pay-scale to the daily wages employees, however, the outstanding amount to the tune of Rs.2,38,000/- has already stood paid to the petitioner.

3. In view of the aforesaid, the learned counsel for the petitioner submits that the petitioner be granted liberty to approach the respondent-authorities for agitating his grievances, regarding payment of Dearness Allowance. Liberty so sought is granted.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) Saurav/- U