Disposed

Ram Bharosh Ram v. the State of Bihar and Ors.

Patna HC23 Apr 2009CWJC/5218/2009

Case brief

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What is this about?

A Panchayat Shikshaker claimed arrears of salary from 1.11.2007. The High Court directed the respondent to examine the non-payment issue. If no valid reason exists, salary arrears must be paid with 3% interest within two months. If justification is found, a departmental inquiry shall be conducted and interest recovered from the erring officer.

What did the court decide?

Direction to examine salary arrears claim; if ungated, pay with 3% interest within two months; else conduct inquiry and recover interest from erring officer.

Ram Bharosh Ram Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.5218 of 2009
 RAM BHAROSH RAM
 Versus
 THE STATE OF BIHAR & ORS
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23.04.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State.

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The claim by the petitioner, a Panchayat Shikshak, is for arrears of salary from 1.11.2007.

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Salary is not a bounty but an obligation of the respondents unless there be valid reason in law to deny the same.

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This writ application is disposed with a direction to the respondent no. 1 to examine the issue of non payment of salary to the petitioner. If he is satisfied that there are no valid and justified reasons for stopping salary sustainable in law he shall also appropriately consider the issue of granting 3 % interest to the petitioner on the arrears from the date that they became payable till the date all arrears are not paid to the petitioner. Let this order be complied with within a maximum period of two months from the date of receipt and/or production of a copy of this order.

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If the respo9ndents find justification in the claim of the petitioner or any part of the claim, while the interest shall be paid from the government coffer within the time fixed, an administrative departmental enquiry shall be held fixing administrative responsibility for the lapses and the interest amount shall be recovered from the salary of the erring officer. In

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no event shall the Government bear the ultimate responsibility for the interest.

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Snkumar/-

¶9

(Navin Sinha,J.)

Ram Bharosh Ram v. the State of Bihar and Ors.

Case brief

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Ram Bharosh Ram v. the State of Bihar and Ors.

Case brief

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