Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18248 of 2021 ====================================================== Raj Kumar Son of Sri Ganesh Prasad Singh R/o Ward Number 03, Baba Servicing Center, Belabagan, Deogarh, Jharkhand- 814112. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development and Housing Department. 3.

The Secretary, Water Resources Department, Government of Bihar. 4.

The Municipal Commissioner, Patna Municipal Corporation. 5.

The Executive Engineer, Patna Municipal Corporation, New Capital Circle. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Mayuri, Advocate For the Respondent/s :

Mr. Kinkar Kumar (SC 22) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 29-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned counsel for the petitioner is hereby directed to furnish a copy of the petition in the office of the second respondent, the Principal Secretary, Urban Development and Housing Department.

In the instant petition, petitioner has prayed for the following relief(s):- "(i) For issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authorities to take immediate steps to make payment of the salary of the petitioner from January, 2015 at the

Patna High Court CWJC No.18248 of 2021 dt.29-01-2022 2/3 revised salary which is being paid to other Junior Engineers at the same post.

(ii) For issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authority to make necessary changes in Memo Number 2298 dated 08.07.2021 so as to include the name of the petitioner for extension of his contract of service.

(iii) For issuance of a direction, order or writ, including a writ in the nature of mandamus to direct the Respondent Authority to pay the arrears of salary alongwith the statutory as well as pendente lite interest on the ground that the delay in payment is directly and solely attributable to the inaction of the Respondent Authorities.

(iv) For issuance of any other relief/reliefs which it may deem to be fit and proper with the facts and circumstances of the present case."

Short question for consideration is whether the petitioner is entitled to payment of wages/remuneration from January, 2015 or not? In this regard, petitioner submitted representation dated 10.07.2021 vide Annexure-8. The same has not been decided by the concerned respondent.

Therefore, the concerned respondent is hereby directed to decide the representation 10.07.2021 vide Annexure-8 and proceed to pass speaking order and communicate the same to the petitioner within a period of one month from the date of receipt of

Patna High Court CWJC No.18248 of 2021 dt.29-01-2022 3/3 this order failing which petitioner is entitled to litigation cost. It is quantified at Rs. 10,000/-.

With the aforesaid observations, the present writ petition stands disposed off.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A