Kaushal Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15105 of 2024 ====================================================== Kaushal Kumar Dubey Son of Lalta Prasad Dubey, Resident of 28B/104 Allapur Allahabad, P.S.- Taraganj, District- Allahabad (U.P) ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

3.

The Special work Officer, Panchayati Raj Department, Govt. of Bihar, Patna.

4.

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

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

For the Petitioner/s :

Mr. Lalan Kumar, Adv.

For the State :

Mr. S.C. Mishra, Adv.

For Zila Parishad :

Mr. Vijay Shankar Upadhyay, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-10-2024 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for Zila Parishad.

2. Learned Counsel for the petitioner submits that inadvertently, Principal Secretary has been typed in the column of respondent no.1 and 2 in place of Additional Chief Secretary. As such, Learned Counsel for the petitioner is directed to correct the same in course of the day.

3. Office is also directed to correct the party name in the cause title page also.

4. The present writ petition has been filed for the following relief/s:-

Patna High Court CWJC No.15105 of 2024(2) dt.07-10-2024 2/3 "I. For directing the respondent authorities to pay the salary to the petitioner for the period 01.03.2023 to 05.12.2023 for the services rendered as District Quality Monitor at Zila Parishad, Buxar on contractual basis after his superannuation.

II. For directing the respondent authorities to pay the petitioner, statutory as well as penal interest @ 18% per annum for the delay caused till date.

III. For any other relief/s for which the petitioner may be found entitled to in the facts and circumstances of the case."

5. Learned Counsel for the petitioner submits that he has filed representation for his grievance before several authorities. Counsel submits that the post on which he was working is District Quality Monitor which comes directly under the control of Additional Chief Secretary, Panchayati Raj Department, Bihar, Patna. Counsel further submits that petitioner's representation is pending before the Additional Chief Secretary, Panchayati Raj Department, Bihar, Patna which is annexed as Annexure-13 of the writ petition.

6. In this view of the matter, the present writ petition

Patna High Court CWJC No.15105 of 2024(2) dt.07-10-2024 3/3 stands disposed off directing the petitioner to file fresh representation before the Additional Chief Secretary, Panchayati Raj Department, Bihar, Patna within 30 days from today raising all his grievances and he shall pass order on petitioner's representation within 90 days thereafter. If, the petitioner has been found entitled for his payment then payment be made within the said period and if not, then Additional Chief Secretary, Panchayati Raj Department, Bihar, Patna shall pass a reasoned and speaking order in this matter.

(Dr. Anshuman, J) Divyansh/- U