Patna High Court - Orders
Suresh Prasad Singh vs The State Of Bihar & Ors on 20 February, 2009
Author: Navin Sinha
Bench: Navin Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9934 of 2002
SURESH PRASAD SINGH, son of Sri Manraki Prasad Singh,
resident of Village and P.O. Newari, PS Mukhdumpur,
District Jehanabad, Presently residing in Mohalla West
Anand Puri, Mandir Marg, House No. 244/12, Boring Road,
Patna
......................... Petitioner
Versus
1. THE STATE OF BIHAR through the Secretary to the
Government, Road Construction Department,
Vishwesharaiya Bhavan, Patna
2. Engineer-in-chief, Road Construction Department,
Bihar, Vishwesharaiya Bhawan, Patna
3. Joint Secretary to Government, Road Construction
Department, Bihar, Vishweshraiya Bhavan, Patna
4. Executive Engineer, National Highways Division,
Aurangabad
5. Deputy Secretary to Government (Personal Claim
Determination Cell) Finance Department, Pant Bhavan,
Bailey Road, Patna
6. Treasury Officer, Aurangabad
......................................................................... respondents
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2. 20.02.2009Heard leaned Counsel for the petitioner and the learned Counsel for the State.
The claim in this writ application relates to the arrears of salary along with interest consequent to the retrospective promotion of the petitioner on the post of Assistant Engineer in pursuance of certain orders of this Court as appended at Annexure 5 in CWJC No., 1631 of 2006 and analogous cases.
From the pleadings of the parties it appears that certain arrears have been paid to the petitioner with interest. But the legitimate dues of the petitioner have not been paid to him fully.
Since the matter relates to accounting and question of facts, when the petitioner is acknowledging that certain payments have been made but according to him not fully, this Court disposes of this writ application with the observation that when the petitioner appears along with a copy of the present order, the respondents within a period of six weeks thereafter will furnish him detailed statement of calculation of his arrears and interest consequent to such retrospective promotion.
If the petitioner within four weeks after receipt of this calculation charts submits a representation to the respondents, along with his reasons for any alleged errors in the decision of the respondents, supported by documentary evidence, the respondents shall be obliged to consider the representation within a maximum period of eight weeks from the date of submission by the petitioner and proceed appropriately in accordance with law thereupon. If the respondents conclude that the petitioner is not entitled to any further payment, they shall be obliged to pass a reasoned and speaking order on their calculation chart showing due consideration of the objection of the petitioner.
The writ application stands disposed.
Snkumar/-
(Navin Sinha,J.)