Jagannath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13454 of 2024 ====================================================== Jagannath Mishra Son of Late Ram Mishra @ Late Ram Kumar Mishra, Resident of Mohalla- Ganga Sagar, Near Marwari College, P.S.- Laheriasarai, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3.

The Principal Secretary, Health Department, Govt. of Bihar, Patna. 4.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 5.

The Director, Desi Chikitsa, Govt. of Bihar, Patna. 6.

The District Magistrate, Darbhanga.

7.

The Deputy Commissioner-cum-Chief Executive Officer, Zila Parishad, Darbhanga.

8.

The Zila Parishad, Darbhanga through its Chairman. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Jha, Advocate Mr.Prem Kumar Jha, Advocate For the State :

Mr.Madanjeet Kumar, GP-20 For Respondent No.7 & 8 :

Mr.Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-09-2024 Heard Mr. Rajesh Kumar Jha along with Mr. Prem Kumar Jha, learned counsels appearing on behalf of the petitioner; Mr. Madanjeet Kumar, learned Government Pleader20 for the State and Mr. Vivek Prasad, learned counsel appearing on behalf of respondent Nos. 7 & 8.

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been regularly knocking the door of the higher authorities to make payment of

Patna High Court CWJC No.13454 of 2024(2) dt.09-09-2024 2/2 arrears of salary from August, 2017 till the date of his retirement, i.e. 30.03.2021.

3. Learned counsel further informs that the petitioner has never faced any disciplinary action during his service period, as such, non-payment of salary without any reason is against the constitutional provision as contained in Article 300A of the Constitution of India and violation of Article 21 of the Constitution of India since the petitioner has been forced to starve.

4. In absence of any facts relating to service particulars of the petitioner, I am not inclined to issue writ, however, the petitioner, if so finds proper, may file a detail representation before the appropriate authority for redressal of his grievance.

5. With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/durgesh U