Dr.Moinuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15176 of 2006 ====================================================== Dr.Moinuddin, son of Md.Riyazuddin, resident of village-Maksuspur Bara, P.S.-Monger, P.O.-Monger, District-Monger, presently working as Touring Veterinary Officer, Akbar Nagar (Bhagalpur).

.... .... Petitioner/s

Versus

1. The State of Bihar through Commissioner and Secretary to Government, Department of Animal Husbandry and Fisheries, Bihar, Vikas Bhawan, (New Secretariat), Patna.

2. Finance Commissioner and Secretary to Government of Bihar, Old Secretariat, Patna.

3. Director, Animal Husbandry Department, Bihar, Vikas Bhawan (New Secretariat), Patna.

4. Joint Secretary to Government, Animal Husbandry Department, Bihar, Vikas Bhawan (New Secretariat), Patna.

5. District Animal Husbandry Officer, Bhagalpur.

6. Sub-Divisional Animal Husbandry Officer, Sadar, Bhagalpur.

7. Treasury Officer, Bhagalpur.

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

For the Petitioner/s : None For the Respondent/s : Mr. Gautam Bose, AAG-8 Mr.Rohit Mishra Mrs.Shally Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-01-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition. However, Mr. Rohit Mishra, learned AC to AAG-8 appearing on behalf of the respondents, by referring to the averments made in the counter affidavit filed on behalf of the respondent nos.1, 3, 4, 5 and 6, has submitted that all the arrears of salary and other admissible allowances of the petitioner have been paid to him except the difference of salary for the period from 09.08.1999 to 14.11.2000 amounting to Rs.6,543/- only for want of fund. It has been averred in the aforesaid counter affidavit that the said amount will be paid to the petitioner as soon as the fund is made available.

Patna High Court CWJC No.15176 of 2006 (2) dt.30-01-2015 The averments made in the counter affidavit filed on behalf of the aforesaid respondents have not been controverted by the petitioner by filing any rejoinder affidavit. In above view of the matter, the present writ petition is disposed of in the light of the averments made in the counter affidavit referred to above, with a direction that if the remaining amount, as admitted in the counter affidavit, has already not been paid to the petitioner by now, then that shall be paid to him within a period of three months on filing a representation by the petitioner with a certified copy of the present order before the competent authority.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U