Remanded

Dr.ganga Sagar Mishra v. The State Of Bihar and Ors.

Patna HC10 Jul 2012CWJC/11632/2012

Case brief

AI extract

What is this about?

Petitioner, an Ayush officer, approached the court for payment of arrears and future salary withheld since August 2010. Court directed District Magistrate to examine grievances within four weeks and make consequential payments if justified.

What did the court decide?

Petitioner at liberty to claim interest if respondents fail to pay arrears and future salary within four weeks.

Dr.ganga Sagar Mishra Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11632 of 2012

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====================================================== 1. Dr. Ganga Sagar Mishra Son Of Late Padma Nath Mishra Resident Of Kaima Shikoh, Resident Of Patna City, P.S.- Chowk, District- Patna

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.... .... Petitioner/s Versus 1. The State Of Bihar Through The Secretary, Department Of Health, Bihar, Patna 2. The Secretary, Department Of Health, Bihar, Patna 3. The State Health Society, Bihar, Patna Through Its Director 4. The District Health Society, Sheikhpura Through The Civil SurgeonCum-Member Secretary 5. The Civil Surgeon-Cum-Chief Medical Officer, Sheikhpura, DistrictSheikhpura .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinav Srivastava For the Respondent/s : Mr. Pawan Kr. Mishra Gp22 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 10-07-2012 Heard learned counsel for the petitioner and the State. The claim in this application is for payment of salary due since August, 2010 and future salary.

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It is submitted that the petitioner is discharging duties as Ayush at Primary Health Centre, Sheikhpura. He was also asked to discharge duties at other primary health centres in the District of Rohtas. He was paid salary till July, 2010 by the Zila Parishad, Sheikhpura, but from August, 2010 salary has been stopped without any justification and his representations to the Civil Surgeon-cum- Member Secretary of the State Health Society have evoked no response.

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Patna High Court CWJC No.11632 of 2012 (2) dt.10-07-2012

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Salary is a statutory right. It cannot be withheld except in accordance with law. If there be no valid justification in the law for withholding of salary in accordance with the service regulations, the person withholding salary justifiably may have to answer with regard to the nature of discharge of duties by him generating unwanted litigation, and violating fundamental rights under Articles 21 and 23 of the Constitution.

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Let the District Magistrate-cum-Chairman, District Health Society, examine the grievances of the petitioner and dispose it off by a reasoned and speaking order within a maximum period of four weeks from the date of receipt/production of a copy of this order.

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Needless to state that if the respondents find justification in the claim or in any part of the claim, necessary consequential orders including actual physical payments of arrears up to date shall be made within the same period failing which the petitioner shall be at liberty to claim interest, the liability for which shall have to be individual and not institutional as also pay future salary in accordance with law.

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The application stands disposed.

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(Navin Sinha, J)

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K.C.jha/-

Dr.ganga Sagar Mishra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Dr.ganga Sagar Mishra v. The State Of Bihar and Ors.

Case brief

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What the court decided

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