Parmeshwar Lal Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6042 of 2013 ====================================================== Parmeshwar Lal Das Son Of Late Bhup Narain Das Resident Of Village And P.O. Kahua, P.S. Biroul, District - Darbhanga, At Present Residing At Mohalla - Rai Saheb Pokher, Eastern Side, P.O. Laheriasarai, P.S. Bahadurpur, District - Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Commissioner, Darbhanga Division, Darbhanga

3. The Collector, Darbhanga

4. The District Panchayat Raj Officer, Darbhanga

5. The Block Development Officer, Hayaghat, Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushalesh Choudhary, Adv. For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-VII ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is claiming payment of salary for the month of September, 2006 to February, 2007, from May, 2007 to November, 2008 and from March, 2009 to April, 2009 and subsistence allowance from May to August, 2009. Learned counsel for the State has filed counter affidavit and has stated that except the salary of September, 2006, all amounts have been paid to the petitioner which has been stated in paragraph nos. 8 to 11 of the counter affidavit. With respect to salary of September, 2006, it has been stated that the petitioner has taken an advance of Rs. 15,000/- as diesel subsidy to be

Patna High Court CWJC No.6042 of 2013 (3) dt.25-01-2016 distributed amongst the farmers and he was required to submit vouchers but he has only submitted voucher of Rs. 9,200/- and he has not submitted the vouchers of rest of the amount of Rs. 5,800/- and on that account, the salary of the petitioner for September, 2006 has been deposited in Nazarat.

As per the statement made in the counter affidavit, entire payment except the payment of the month of September, 2006 has been paid to the petitioner as the petitioner has not submitted the voucher of distribution of diesel subsidy. The State is directed to adjust the amount of Rs. 5,800/- from the salary of September, 2006 and release the rest amount and pay the same within three months from the date of receipt of this order.

It is made clear that if the petitioner deposits the voucher of the rest amount of the diesel subsidy, the authority will examine the same and release the amount of Rs. 5,800/- also to the petitioner.

With the aforementioned observation and direction, this application is disposed of.

(Shivaji Pandey, J) Rishi/- U