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Patna High CourtCWJC/13681/2023disposed

Birendra Prasad Choudhary v. The State Of Bihar

2024-02-21Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13681 of 2023 ====================================================== Birendra Prasad Choudhary Son of Late Ram Sahay Choudhary Resident of C/o Babu Lal Choudhary, Village-Govindpur Dih, P.O. and P.S.-Govindpur, District-Nawadah, Presently Residing at C/o Sri Durga Choudhary VillageAranga, P.O.-Kariyarpur, P.S.-Fatehpur, District-Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Joint Secretary, Home Department, Govt. of Bihar, Patna. 3.

The Director, Directorate of Prosecution, Home Department, Govt. of Bihar, Patna.

4.

The District Prosecution Officer, Rohtas at Sasaram 5.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Sinha, Advocate For the Respondents :

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 21-02-2024 Heard Mr. Prashant Sinha, learned counsel for the petitioner and Mr. Manish Kumar, GP-4 for the respondent Nos.1 to 4.

2. Counter affidavit has been filed on behalf of the respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that all the reliefs sought for by the petitioner in the instant writ petition have been granted by the respondent authorities except two remaining instalments on account of 6th pay revision and differential amount

Patna High Court CWJC No.13681 of 2023 dt.21-02-2024 2/3 of salary with effect from 01.04.2007 to 01.07.2014 on the basis of pay slip dated 09.03.2015, to which also the respondent authorities have paid Rs.34,782/- whereas, according to the petitioner the respondent authorities ought to have paid about Rs.50,000/-.

4. Under the aforesaid circumstances, learned counsel for the petitioner submits that since about Rs.16,000/- remains to be paid to the petitioner by the respondent authorities, the writ petition may be disposed of with a liberty granted to the petitioner to make a representation before the respondent authorities for payment of the remaining amount of about Rs.16,000/- being the differential amount of salary and allowance from 01.04.2007 to 01.07.2014.

5. In view of the submissions made by the learned counsel for the petitioner, this writ petition stands disposed of with a liberty granted to the petitioner to file a representation before the respondent authorities for payment of about Rs.16,000/- being the differential amount of salary and allowance from 01.04.2007 to 01.07.2014.

6. As and when such a representation is submitted by the petitioner before the respondent authorities, the respondent authorities shall dispose of the said representation in accordance

Patna High Court CWJC No.13681 of 2023 dt.21-02-2024 3/3 with law within a period of six weeks from the date of receipt of such representation.

(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2024 Transmission Date NA