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Patna High CourtCWJC/14541/2023disposed

Jay Kumar Yadav v. The State Of Bihar

2024-04-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14541 of 2023 ====================================================== Jay Kumar Yadav Son of Satyanarayan Yadav, Resident of Village Ghailar, Ward No. 9, P.O.- Ghailar, Ghailarh, P.S- Ghailarh, District Madhepura, PIN CODE- 852124 presently working as Lower Class Clerk (Nimn Vergiya Lipik), Circle Office, Gamharia, District Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of General Administration, Government of Bihar, Patna.

2.

The Collector, Madhepura, P.S and District- Madhepura. 3.

The Additional Collector, Madhepura, P.S- Madhepura, District Madhepura. 4.

The Deputy Collector, Establishment, Madhepura, P.S- Madhepura, DistrictMadhepura. 5.

The Sub Divisional Officer, Madhepura, P.S- Madhepura, District Madhepura.

6.

The Deputy Collector, Land Reform, Madhepura, P.S- Madhepura DistrictMadhepura. 7.

The Circle Officer, Gamharia, P.S- Gamharia, District- Madhepura. 8.

The Circle Officer, Ghailadh, P.S- Ghailadh, District- Madhepura. 9.

Mr. Bal Krishna Yadav, Circle Office, Ghailadh, P.S- Ghailadh, District -Madhepura.

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Advocate For the State :

Mr.P.K. Verma (Aag3) Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-04-2024 The present writ petition has been filed for directing the respondent-authorities to take steps for taking over the charge of Anchal Nazaarat of Ghailadh Circle, District Madhepura from the petitioner, who has been transferred from Circle Office, Ghailadh, Madhepura to Circle Office, Gamharia, Madhepura as also to issue last pay certificate, so that the salary

Patna High Court CWJC No.14541 of 2023(3) dt.22-04-2024 2/3 of the petitioner can be paid.

2.

The learned counsel for the respondent-State submits that the counter affidavit has already been filed on behalf of the District Magistrate, Madhepura by both the modes, i.e. online as well as physical mode, nonetheless, a photocopy of the same has been handed over to this Court for perusal. This Court finds, upon perusal of paragraph no.13 of the said counter affidavit that the petitioner has already been paid salary for the period 4th July 2021 to January 2024 and the last pay certificate as also the details of the absentee of the petitioner has also been sent by the Circle Officer, Ghailadh to the Circle Officer, Gamharia, hence there is no impediment in making payment of due salary to the petitioner.

It is further submitted by the learned counsel for the respondents that since the petitioner is at present posted at the Engineering College, Madhepura, the outstanding salary for the remaining period shall be paid to the petitioner, as soon as his absentee is received from the said College and the petitioner furnishes his asset declaration in the requisite format, apart from furnishing income tax details.

3.

The learned counsel for the petitioner submits that he would be submitting his asset declaration in the requisite format along with the income tax details, within a

Patna High Court CWJC No.14541 of 2023(3) dt.22-04-2024 3/3 period of four weeks from today, hence the respondent be directed to pay the arrears of salary for the period, subsequent to January, 2024, forthwith. It is directed, accordingly. 4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U