Ekramul Hasan v. The State Of Bihar and Ors.
Case brief
What is this about?
The court held that the petitioner is entitled to salary for the period from October 2004 to November 11, 2005. The court directed the office of PHED at Araria to process the salary and pay the petitioner without dispute, ensuring the PPHE decision is made within three months, as the petitioner is now confirmed in the Bihar cadre.
What did the court decide?
Directorate of PHED Araria to decide and pay salary for Oct 2004 to 11.11.2005 within three months by seeking highest authority approval.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9321 of 2014
=========================================================== 1. Ekramul Hasan, Son of Late Ibnul Hasan, Resident of Mohalla- Kashipur, P.O.P.S. AND District- Samastipur, presently residing at- New Beauty Manjil, Azad Nagar, Ward no. 19, Araria, P.O.-P.S. AND District- Araria
.... .... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna
- The Joint Secretary, Public Health Engineering Department, Government of Bihar, Patna
- The Deputy Secretary, Public Health Engineering Department, Government of Bihar, Patna 5. The Under Secretary, Public Health Engineering Department, Government of Bihar, Patna 6. The Chief Engineer, Public Health Engineering Department (Civil), Government of Bihar, Patna 7. The Superintending Engineer, Public Health Engineering Department, Purnea Circle, Purnea 8. The Executive Engineer, Public Health Division, Araria 9. The Jila Parishad, Araria through its Chairman
- The Chairman, Jila Parishad, Araria 11. The Grievance Redressal Committee of the Public Health Engineering Department, Government of Bihar, Patna through its Chairman 12. The Chairman, the Grievance Redressal Committee-cum- Principal Secretary, Department of Public Health Engineering Department, Government of Bihar, Patna .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the State : Mr. GA1- S.K. Sharma Ms Shalini Kant, AC to GA 1 For Zila Parishad : Mr Dinesh Maharaj =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-03-2015 What has happened has happened. The same cannot be undone now. There was contribution of the petitioner also in creating certain amount of confusion and chaos with regard to place
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to salary for the period from October 2004 to November 11, 2005 despite the initial transfer confusion.
Whether the Department is under an obligation to decide on the salary dispute within three months.
Parties & counsel
- petitioner
Ekramul Hasan
- respondent
The State of Bihar
- respondent
The Principal Secretary, Public Health Engineering Department
- respondent
The Joint Secretary, Public Health Engineering Department
- respondent
The Deputy Secretary, Public Health Engineering Department
Case details
As recorded by the court registry
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