Janardan Prasad Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.587 of 2016 ======================================================

1. Janardan Prasad Mandal S/o Narayan Mandal, R/o Village- Hansi, P.O.- Gadbarel, P.S.- Jalalgarh, District- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary of Finance Department, Govt. of Bihar, Patna

2. The Engineer-in-Chief, National Highway, Bihar, Patna

3. The Superintending Engineer, Nationa Highway Road Division, Purnea, Dist- Purnia

4. The Executive Engineer, National Highway Road Division, Purnea, DistPurnia

5. The Accountant General, Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Respondent/s : Mr. Harish Kumar, G.P.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-04-2018 Heard learned counsel for the parties.

He petitioner prays for a writ in the nature of mandamus commanding the respondents to pay his arrears of salary in the light of the circular No.7099 dated 01.08.2011 and Circular dated 18.5.2015 which allows him a grade pay of Rs. 1800/- on his qualification of matriculation.

Mr. Harish Kumar, learned G.P.8 in reference to the office order dated 06.04.2016 at Annexure-C submits that the emoluments admissible to the petitioner on revision of his pay has been allowed through the said order and in so far as his claim for grade pay under the Circulars in question is concerned, the

Patna High Court CWJC No.587 of 2016 (3) dt.05-04-2018 2/2 petitioner vide letter No.408 dated 05.04.2016 at Annexure B was directed to produce the original matriculation certificate but he has failed to satisfy the Executive Engineer, National Highway Division, Purnea. He submits that it is on this account that the relief as prayed has got delayed.

Having considered the prayer made in the backdrop of the circumstances placed by Mr. Kumar and taking note of that fact that although the counter affidavit was served on counsel for the petitioner on 17.01.2017 the statement to such effect has not been contested, I deem it proper to direct the petitioner to abide by the directions of the Executive Engineer, National Highway Division, Purnea present in his letter dated 05.04.2016 at Annexure- B and it goes without saying that no sooner does the petitioner comply with the directions so present, the Executive Engineer would proceed to dispose of his claim in accordance with law preferably within 3 months of the production of the original matriculation certificate by the petitioner.

With the direction aforementioned, the writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U