Disposed

Bijay Kishore Sinha and Ors. v. The State Of Bihar and Ors.

Patna HC28 Mar 2014CWJC/1840/2014

Case brief

AI extract

What is this about?

The Court disposed of writ petitions filed by tax collectors denied salary despite working during employee strikes. It directed the Executive Officer to decide the grievance within three months and pay emoluments within two months if eligible.

What did the court decide?

Direct of Executive Officer to decide the petitioners' claim for salary within three months and pay within two months thereafter.

Bijay Kishore Sinha and Ors. Vs The State Of Bihar and… — Service and Employment | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1823 of 2014

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====================================================== 1. Praveen Kumar S/O Late Jagdish Mandal R/O Village- Badi Kesavpur, P.O.- Jamalpur, District- Munger

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through The Principle Secretary, Urban Development And Housing Department, Government Of Bihar, Patna 2. The Principle Secretary, Urban Development And Housing Department, Government Of Bihar, Patna 3. The District Magistrate, Munger

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The Superintendent Of Police, Munger

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Nagar Parishad, Jamalpur Through Its Executive Officer, Jamalpur, Munger 6. Poonam Kumari, The Executive Officer, Nagar Parishad, Jamalpur, Munger

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.... .... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No.1840 of 2014

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====================================================== 1. Bijay Kishore Sinha S/O Late Bindeshwari Prasad R/O Naya Gaon, P.O.Jamalpur, P.S.- East Colony, District- Munger

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Deep Narayan Sah S/O Late Panchu Saha R/O Village- Khagri, P.O.Khagri, P.S.- Kotwali, District- Munger 3. Krishna Deo Sharma S/O Late Saryug Sharma R/O- Badi Kesaopur, P.O.- Jamalpur, P.S.- Jamalpur, District- Munger 4. Naresh Kumar S/O Late Parmeshwar Sah R/O Badi Kesopur, P.O. + P.S.Jamalpur, District- Munger

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Deep Narayan Sah S/O Late Sarjug Yadav R/O Jagir Louchi, P.O.Louchi, P.S.- H. Kharagpur, District- Munger

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through The Principle Secretary, Urban Development And Housing Department, Government Of Bihar, Patna 2. The Principle Secretary, Urban Development And Housing Department, Government Of Bihar, Patna

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The District Magistrate, Munger

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The Superintendent Of Police, Munger

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Nagar Parishad, Jamalpur Through Its Executive Officer, Jamalpur, Munger 6. Poonam Kumari, The Executive Officer, Nagar Parishad, Jamalpur, Munger

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.2479 of 2014

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Patna High Court CWJC No.1823 of 2014 (3) dt.28-03-2014

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P2/3

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====================================================== 1. Beda Nand Rajpal S/O Late Sita Ram Rajpal R/O Village- Laxmanpur, P.O.- Jamalpur, P.S.- Jamalpur, District- Munger

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.... .... Petitioner/s

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Versus 1. The State Of Bihar Through The Principal Secretary, Urban Development And Housing Department, Government Of Bihar, Patna 2. The Principal Secretary, Urban Department And Housing Department, Government Of Bihar, Patna

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The District Magistrate, Munger

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The Superintendent Of Police, Munger

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Nagar Parishad, Jamalpur Through It'S Executive Officer, Jamalpur, Munger

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Poonam Kumari, The Executive Officer, Nagar Parishad, Jamalpur, Munger

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.... .... Respondent/s ====================================================== Appearance : (In CWJC No.1823 of 2014) For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Jawahar Pd. Karn (In CWJC No.1840 of 2014) For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Aag-3 Roy Shivaji Nath (In CWJC No.2479 of 2014) For the Petitioner/s : Mr. Ajay Kumar Sharma For the Respondent/s : Mr. Devendra Kr Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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3 28-03-2014 1. Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Nagar Parishad as well as learned A.C. to A.A.G.-3 in C.W.J.C. No. 1840 of 2014 and A.C. to A.A.G.-2 in C.W.J.C. No.2479 of 2014.

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The petitioners are Tax collectors working under Nagar Parishad, Jamalpur. Their grievance is that during the period of strike i.e. from 25.05.2013 to 06.06.2013, 12.08.2013 to 25.08.2013 and 31.08.2013 to 19.09.2013, they had in fact discharged their duties as

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Patna High Court CWJC No.1823 of 2014 (3) dt.28-03-2014

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P3/3

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Tax Collectors. According to them, the called strike was given by Class IV employees of Nagar Parishad and the petitioners were not affected by such strike as they have to discharge their duties in field which they in fact did. They have however, been denied payment of salary treating them absent from service for the said period.

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From the pleadings it appears, that the petitioners have filed representations before the Executive Officer, Nagar Parishad, Jamalpur claiming payment of salary for the period during which they have been shown to be absent though, in fact they discharged their duties.

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Without entering into the merits of the case, I intend to dispose of these writ applications with a direction to the Executive Officer, Nagar Parishad, Jamalpur to consider the cases of these petitioners and take a final decision with respect to their grievance within in a period of three months from the date of receipt / production of a copy of this order.

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If the petitioners are found entitled to emoluments for the said period, the same must be paid within two months thereafter.

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These petitions are disposed of accordingly.

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(Chakradhari Sharan Singh, J.)

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Saif/-

Bijay Kishore Sinha and Ors. v. The State Of Bihar and Ors.

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Bijay Kishore Sinha and Ors. v. The State Of Bihar and Ors.

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