Shanker Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7219 of 2017 ====================================================== Shanker Kumar Sinha Son of Late Sheo Kumar Prasad, Resident of MohallaKhaja Sarai New Colony, Post and P.S. Laheriasarai, District Darbhanga, Bihar.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Head Quarter at Sone Bhawan, Patna.

3.

The District Manager, Bihar State Food and Civil Supplies Corporation, Madhubani.

4.

The District Manager, State Food and Civil Supplies Corporation, Rohtas Sasaram.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Amarendra Narayan For the Respondent State:

Mr. Sanjay Kr. Giri, G.P.-9 For the Corporation :

Mrs. Namrata Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-11-2020 The petitioner retired as Assistant in Bihar State Food and Civil Supplies Corporation Limited on 31.12.2013. He has filed this writ application seeking payment against various heads.

A counter affidavit has been filed on behalf of the Corporation stating therein that on examination, the petitioner's unutilized earned leave has been found to be 'zero'. The arrears of salary, which the petitioner is entitled to receive, has been computed and has been found to be a sum of Rs.4,87,858/-. The total amount, which the petitioner has been found to be entitled to receive against various heads is Rs.8,37,858/-, out of which, a

Patna High Court CWJC No.7219 of 2017(8) dt.11-11-2020 2/3 sum of Rs.6,231/- had been found to be recoverable from the petitioner's entitlement and accordingly a banker's cheque for a sum of Rs.8,25,899/- has been paid in the petitioner's account. Mr. Amrendra Narayan, learned counsel appearing on behalf of the petitioner, has submitted that the petitioner is entitled for more amount of gratuity than that has been sanctioned and paid. He has further argued that the petitioner has not been supplied the calculation of arrears of salary. Mrs. Namrata Mishra, learned counsel appearing on behalf of the Corporation, has drawn my attention to AnnexureC to the counter affidavit to submit that calculation of arrears of salary has been given therein.

Be that as it may, considering the nature of relief, which the petitioner has sought, the developments subsequent to filing of the writ application and what transpires from the counter affidavit, filed on behalf of the Corporation, this application is disposed of with an observation that the petitioner shall be at liberty to raise his further grievances, over and above what has been paid to him, as mentioned in the counter affidavit, by making a representation before competent authority within one month from today. If he does so, it is expected that the Corporation shall consider the petitioner's grievances and clear

Patna High Court CWJC No.7219 of 2017(8) dt.11-11-2020 3/3 such dues, which are found to be admittedly payable, after considering the representation within one month thereafter. In case the petitioner's representation does not find favour with the Corporation, the Corporation shall be required to dispose of the same by a speaking order. If the petitioner seeks a chart showing calculation of arrears of salary, the same shall be supplied to him by the Corporation.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U