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Patna High CourtCWJC/707/2020disposed

Upendra Choudhary v. The State Of Bihar

2020-02-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 707 of 2020 ====================================================== Upendra Choudhary S/o Late Ganesh Choudhary Resident of Itahari, P.O.- Fudkichak, P.S.-Gogri, District-Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3.

The Rngineer-in-Chief (Madhya), Water Resources Department, Govt. of Bihar, Patna.

4.

The Chief Engineer (Creation), Water Resources Department, Bhagalpur 5.

The Superintending Engineer, Water Resources Department, Circle Kharagpur.

6.

The Executive Engineer, Ganga Pump Canal Division, Munger, 7.

The Executive Engineer, Durgawati Bhitri Bandh Division No. 1, Chennai, District-Sasaram.

8.

The Executive Engineer, Irrigarion Division, Garhi, District-Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siyaram Shahi For the State :

Mr.Sanjay Prasad (AC to AAG 4) For the Respondent/s :

Mr.Anjani Kumar (AAG 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2020 The only relief which the petitioner is seeking in the present writ application is for sanction of 53 days Earned Leave and consequential payment of corresponding equivalent cash against unutilized Earned Leave.

2. Mr. Siyaram Shahi, learned counsel appearing on behalf of the petitioner has submitted that way back in 2016, on the petitioner's representation, the Office of the Superintendent Engineer, Irrigation Circle, Kharagpur, had, while forwarding

Patna High Court CWJC No. 707 of 2020(2) dt.20-02-2020 2/2 the original application of the petitioner for sanction of payment of amount equivalent to Earned Leave at the credit of the petitioner and grant of ACP, recommended for further action in that regard, a copy of which has been brought on record by way of Annexure 7 to the writ application. No decision has yet been taken, he contends.

Considering the nature of the relief, which the petitioner is seeking, this application is disposed of with a direction to the Chief Engineer (Creation), Water Resource Department, Bhagalpur, to take a decision in this regard within two months from the date of receipt/production of a copy of this order. If the petitioner is found entitled to his claim, the amount must be released in his favour within one month thereafter. (Chakradhari Sharan Singh, J) AKASH/- U