The Court found the petitioner did not appear for duty as Nyaya Mitra after joining. Dismissing the writ petition, the Court held the petitioner is not entitled to any remuneration for the period in question.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14983 of 2013
=========================================================== 1. Roushan Kumar Singh Son Of Late Guru Jyoti Prasad Singh Resident Of Village Ranhan, P.S. Sikandra, Distt. Jamui
.... .... Petitioner/s Versus 1. The State Of Bihar Through Secretary, Department Of Rural Development, Govt. Of Bihar, Patna
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 22-11-2016
On 18.11.2016 no one was present either from the side of the petitioner or from the said of the State. Today no one appears on behalf of the petitioner or the State.
Having no way out this Court is deciding the present case on its own merit.
In the present case, petitioner is seeking relief for grant of salary for the work discharged by him on the post of Nyaya Mitra of Gram Kutchhari Ita Sagar. As per claim of the petitioner, he was selected as Nyaya Mitra by the Selection Committee constituted under the Bihar Gram Kuchhari Nyaya
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Mitra (Appointment, Service condition and Duty) Rules, 2007 and in pursuance thereof he was appointed by the Sarpunch of Gram Katchari vide letter dated 6.11.2007 and he joined the post on 12.11.2007.
The Block Development Officer, Sikandra by his letter no. 1100 dated 1.10.2008 directed the Sarpanch Gram Kutchhari, Ita Nagar to furnish the absentee of the petitioner. Pursuant thereof the Sarpanch issued a letter dated 1.10.2008 to the petitioner to furnish the appointment letter and joining report for compliance of the direction of the Block Development Officer, Ita Sagar
In response to that letter petitioner filed an application on 25.11.2008 to Sarpanch stating therein that since the date of joining he continuously rendered his service and requested him to furnish the absentee. Sarpanch did not furnish absentee detail despite the direction given the Block Development Officer, Sikandra, the Sarpanch, Ita Sagar kept the matter in abeyance which caused prejudice to the petitioner. In nutshell the claim has been made that petitioner has not been paid the remuneration for discharging the duty as Nyaya Mitra.
A counter affidavit has been filed on behalf of the Block Development Officer, Sikandra in which it has been stated that petitioner never appeared before the Gram Kuchhari since the
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date of joining.
As there is no reply to this part of the counter affidavit presuming to be correct this Court finds that petitioner is not entitled for any remuneration as he has not discharged the duty for the aforesaid period.
Accordingly this writ petition is dismissed.
(Shivaji Pandey, J)
Vinay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 24.11.2016 Transmission NA Date
2 issues framed by the court
Whether the petitioner is entitled to salary for the post of Nyaya Mitra for the period remaining after his alleged failure to furnish attendance details.
Whether the petitioner discharged the duties of Nyaya Mitra during the disputed period.
Roushan Kumar Singh
The State Of Bihar Through Secretary, Department Of Rural Development
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
