Disposed

Ajit Kumar v. the State of Bihar and Ors.

Patna HC19 Dec 2016CWJC/17746/2011

Case brief

AI extract

What is this about?

Petitioner, employed as Nayaya Mitra, sought direction for payment of outstanding honorarium. Court dismissed the writ petition by granting liberty to approach the District Panchayat Raj Officer for redressal of dues within a stipulated time frame.

What did the court decide?

Liberty to approach District Panchayat Raj Officer with a fresh representation; payment of dues within six weeks if admitted; 9% simple interest on delay.

Ajit Kumar Vs the State of Bihar and Ors. — Patna HC (2016) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.17746 of 2011

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=========================================================== Ajit Kumar, son of Sri Bhagwan Dayal Singh, R/O Village- Achhua, P.S.- Dulhin Bazar, Distt.- Patna (Bihar)

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.... .... Petitioner

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Versus

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The State of Bihar through the Chief Secretary, Bihar, Patna

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The Principal Secretary, Panchayat Raj, Bihar, Patna

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Director, Panchayati Raj, Bihar, Patna

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District Magistrate, Patna

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District Panchayat Raj Officer, Patna, Distt.- Patna

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Block Development Officer, Naubatpur Block, Patna

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Block Panchayat Raj Officer, Naubatpur Block, Patna

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Sarpanch, Gram Kachahari Karanja, Naubatpur, Patna

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.... .... Respondents

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

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Appearance :

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For the Petitioner : Mr. Yogendra Kumar Singh, Advocate. For the Respondents : Mr. Rishiraj Sinha, GP-19

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=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-12-2016

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Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The present writ petition has been filed for a direction to the respondent to pay the contracted amount to the petitioner.

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Learned counsel for the petitioner submits that the petitioner was selected for employment on the post of Nayaya Mitra for Gram Kachahari Karanja, Naubatpur, Patna and has been performing his duties since he joined the post of Nayaya Mitra on 23.11.2007 which was duly accepted by the Sarpanch. A supplementary affidavit has been filed on behalf of the petitioner according to which, inter alia ,

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Patna High Court CWJC No.17746 of 2011 dt.19-12-2016

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out of the amount of Rs. 1,15,000/- claimed to be outstanding for the period of 46 months between 23.11.2007 and 30.11.2011, he has since received only an amount of Rs. 75,000/- through two cheques dated 16.02.2012 (Rs. 45,000/-) and dated 29.07.2012 (Rs. 30,000/-). It is therefore submitted that the remaining amount of the honorarium of Rs. 40,000/- remains unpaid to the petitioner.

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Learned counsel for the respondents appears and has been heard.

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Having heard the parties and having regard to the nature of the grievance of the petitioner, this writ petition is disposed of with consent of the petitioner, granting him liberty to approach the District Panchayat Raj Officer, Patna (Respondent No. 5) with a fresh representation for redressal of his grievances. If any such representation is filed within a period of two weeks from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioner, within a period of six weeks from the date of receiving the petitioner’s representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioner to receive payment together with simple interest at the rate of 9% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioner’s claim is found inadmissible, whether in whole or in part, the petitioner’s representation shall be

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Patna High Court CWJC No.17746 of 2011 dt.19-12-2016

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disposed of by a speaking order in that regard.

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It is made clear that this Court is not expressing any

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opinion on the merits of the claim of the petitioner.

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(Vikash Jain, J)

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Md. Ibrarul/BT

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	21.12.2016
Transmission Date	N.A.

Ajit Kumar v. the State of Bihar and Ors.

Case brief

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Ajit Kumar v. the State of Bihar and Ors.

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