Allowed

Budhi Rai v. the State of Bihar and Ors.

Patna HC5 Nov 2015CWJC/11900/2008

Case brief

AI extract

What is this about?

The Patna High Court disposed of two writ petitions filed by Chowkidars seeking salary from their appointment dates. The court held that even with cancelled appointments, petitioners are entitled to emoluments for the period work was taken from them, directing the District Magistrate to calculate and pay dues.

What did the court decide?

Direction to the District Magistrate, Katihar, to calculate dues from appointment dates till cancellation and pay admitted dues within three months.

Budhi Rai Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11889 of 2008

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Megh Nath Rai son of late Naresh Rai, presently Chowkidar(07//04) of Abadpur Police Station, residentof village Basantpur, P.O. Shivanandpur, P.S. Abadpur,District Katihar,

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.... .... Petitioner Versus

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The State of Bihar, 2. The District Magistrate, Katihar, 3. The Sub-Divisional Officer, Barsoi, District Katihar, 4. The Sub-Divisional Police Officer, Barsoi, 5. The Circle Officer, Barsoi, District Katihar,

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The Officer-in-charge, Abadpur, Police Station, Circle Barsoi, District Katihar,

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… Respondents

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with Civil Writ Jurisdiction Case No.11900 of 2008

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====================================================== Budhi Rai son of late Kalu Rai, resident of village VAjeedpur, P.O. Chigra, P.S. Abadpur, District Katihar,

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.... .... Petitioner

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Versus

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The State of Bihar,

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The District Magistrate, Katihar,

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The Sub-Divisional Officer, Barsoi, District Katihar,

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The Sub-Divisional Police Officer, Barsoi,

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The Circle Officer, Barsoi, District Katihar,

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The Officer-in-charge, Abadpur, Police Station, Circle Barsoi, District Katihar,

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.... .... Respondents

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====================================================== Appearance : (In CWJC No.11889 of 2008) For the Petitioner : Mr. Md.Musowir, Advocate For the State : Mr. Kaushal Kumar Jha, AAG 14 (In CWJC No.11900 of 2008) For the Petitioner : Mr. Md.Musowir, Advocate

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For the State : Mr. Kumar Alok, SC 8

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Mr. Raj Kumar Singh, AC to SC 8 ===========================

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Patna High Court CWJC No.11889 of 2008 (5) dt.05-11-2015

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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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5 05-11-2015

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Heard learned counsel for the petitioners and the State.

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These writ petitions have been filed seeking direction to the respondents for making payment of salary to the petitioners since the dates of their respective appointments.

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Petitioners claim that they have been appointed as Chowkidars in place of their respective fathers who were working on that post and have died.

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Counter affidavits have been filed on behalf of the State stating that the letter on the basis of which such appointments were made already stood cancelled and since there was no basis for such appointment, the respective appointments have already been cancelled.

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Be that as it may, even in such case the petitioners, who were admittedly appointed and work has admittedly been taken from them, would be entitled for salary/emoluments in accordance with law for the period for which the work has been taken from them.

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Accordingly, I dispose of both the writ petitions with a direction to the District Magistrate, Katihar, to calculate the dues of the petitioners from the respective dates of their appointments till the date of cancellation of their respective

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Patna High Court CWJC No.11889 of 2008 (5) dt.05-11-2015

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appointments and make payment of the admitted dues of the petitioners within a period of three months from the date of receipt/production of a copy of this order.

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(Dr. Ravi Ranjan, J)

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SC/-
U

Budhi Rai v. the State of Bihar and Ors.

Case brief

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Budhi Rai v. the State of Bihar and Ors.

Case brief

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