Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16690 of 2025 ====================================================== Krishna Kumar son of late Devki Prasad @ Deo Prasad, resident of village Hemja, P.S. Wazirganj, District Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.
2.
The Principal Secretary, Department of Finance, Govt. of Bihar, Patna. 3.
The Director General of Police, Govt. of Bihar, Patna. 4.
The Superintendent of Police, Aurangabad.
5.
The Senior Superintendent of Police, Gayaji.
6.
The Treasury Officer, Gayaji.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh For the Respondent/s :
Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2025
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant application for the following reliefs:
"i) For issuance of writ in the nature of mandamus for direction directing the respondents to pay the back wages, i.e., the due salary of the petitioner since the date of his dismissal dated 15..05.2010 to 27.08.2024 for which the petitioner is entitled to with all the consequential benefits together with interest treating the petitioner in service as well as he is also entitled to get his pensonary benefits after
Patna High Court CWJC No.16690 of 2025(2) dt.20-11-2025 2/3 his retirement since 15.05.2010.
ii) For issuance of writ in the nature of mandamus for direction directing the respondents concerned to reinstate the petitioner in service and pay all the consequential benefits with full back wages due to the fact that all the punishment orders have been set aside by this Hon'ble Court in C.W.J.C. No. 11055 of 2012.
iii) For issuance of writ in the nature of mandamus for direction directing the respondents to pay the salary to petitioner at the basic pay scale of Rs.44.300/- which comes to the gross salary at Rs. 75,000/- and odd and also to pay the difference of salary thereof since the date of his joining after his reinstatement in service.
iv) For any other relief or reliefs for which the petitioner is entitled to in the facts and circumstances of the case."
3. The case of the petitioner in brief is that the order dismissing the petitioner from service having been set aside by judgment dated 27.6.2024 passed in CWJC no.11055 of 2012, the respondents should have pay him the arrears of salary for the period of dismissal ie from 15.5.2010 to 27.8.2024.
4. Having heard learned counsel for the petitioner and having perused the contents of the petition, this Court is unable to find any averments to the effect that the petitioner filed a
Patna High Court CWJC No.16690 of 2025(2) dt.20-11-2025 3/3 representation before the respondent authorities for the relief prayed for in the instant writ application.
5. In view of the above, let the petitioner file a representation before the Senior Superintendent of Police, Gayaji (Respondent no.5) within a period of four weeks. In case such a representation is filed, the respondent no.5 shall decide the same within a period of three months from the date of its filing and the amount found payable shall be paid to the petitioner within the aforesaid period.
6. In case the relief prayed for by the petitioner is not found payable/admissible, reasoned order for the same shall be communicated to the petitioner within the aforesaid period.
7. The writ petition stands disposed of with the above observations and directions.
(Partha Sarthy, J) Bibhash/- U