Abhimanyu Kumar Singh v. The State Of Bihar Through Its Secretary, Education Department, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.641 of 2017 In Civil Writ Jurisdiction Case No.12964 of 2014 ====================================================== Abhimanyu Kumar Singh, Son of Late Baijnath Singh, Resident of VillageBeri, P.S.- Salia, District- Aurangabad. ... ... Petitioner/s

Versus

1. The State of Bihar through its Secretary, Education Department, Government of Bihar, Patna

2. Mr. R.K. Mahajan, Father's name not known to the Petitioner, Principal Secretary, Education Department, Government of Bihar, Patna

3. Bihar Hindi Granth Academy, Prem Chand Marg, Rajendra Nagar, Patna through its Chairman

4. Mr. Dinesh Chandra Jha, Father's name not known to the Petitioner, the Chairman, Bihar Hindi Granth Academy, Prem Chand Marg, Rajendra Nagar, Patna

5. Mr. Dinesh Chandra Jha, Father's name not known to the Petitioner, the Director, Bihar Hindi Granth Academy, Prem Chand Marg, Rajendra Nagar, Patna

6. Mr. Sanjay Kumar, Father's name not known to the Petitioner, the Accountant General, Bihar, Patna 7.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Smt. Shashi Priya Pathak, Advocate For the Opposite Party/s :

Mr. S. S. Tiwari, AC to AAG-15 For the Accountant General : Mr. Ranjan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-02-2019 Learned counsel for the petitioner admits that certain amount has been paid to the petitioner in compliance of the direction issued by the writ Court. She submits that she is not sure whether the entire amount in terms of the order of the writ Court has been paid or not?

2. The order of the writ Court is subject matter of contempt. The order of the writ Court is as follows:

Patna High Court MJC No.641 of 2017(5) dt.19-02-2019 2/3 "So far as the other grievance with regard to arrears of salary for the period petitioner had worked on contractual basis is concerned, admittedly, having not been paid, they are required to be paid. The plea taken by the Bihar Hindi Granth Academy that, petitioner has not deposited about Rs.

11 lacs with regard to sell of books to Schools, Colleges and Universities is concerned, it is submitted that the Bihar Hindi Granth Academy itself is well aware that payments had to be made by the Schools, Universities and Colleges, and being seller directly to the Academy and not to the Academy of the petitioner nor was petitioner responsible for collecting payment nor it is alleged that petitioner had collected payments and not deposited. In my view, these are sufficient to absolve the liability. So far as petitioner is concerned, the salary, thus, for the period he worked after retirement on contractual basis, is also to be paid, accordingly."

3. Considering the fact that certain payments have been made, the present proceeding is dropped. However, liberty shall be available to the petitioner that if he is not satisfied with the payment received and if anything further amount is payable to him, he may approach the competent authority/court for

Patna High Court MJC No.641 of 2017(5) dt.19-02-2019 3/3 redressal of such grievance in accordance with law. With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U