Disposed

Pradeep Kumar and Ors. v. The State Of Bihar and Ors.

Patna HC4 Dec 2018CWJC/6787/2015

Case brief

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What is this about?

The High Court disposed of a writ petition filed by enumerators seeking payment of outstanding travelling and training allowance for work performed during the 2011 Census. Due to the absence of a counter affidavit, the Court directed the Rural Development Officer to make the payment within four months, imposing liability for interest on default.

What did the court decide?

Direction to the Rural Development Officer, Khajauli to ensure payment of unpaid travelling and training allowance to petitioners within four months; 9% interest on default.

Pradeep Kumar and Ors. Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6787 of 2015

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

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Pradeep Kumar S/o Ramashish Singh Resident of Village + P.O. - Kanhauli, P.S.- Khajauli, District- Madhubani.

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Tej Narain s/o Bindeshwar Singh Resident of village+ P.O.Sukki , P.S.- Khajauli District- Madhubani,

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Ram Chandra Ram s/o Musai Ram Resident of village+ P.O.Kasmamarar P.S.- Khajauli, District- Madhubani.

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Shivnath Mandal s/o Harilal Mandal Resident of village+ P.O. - Kanhauli Mallik tola P.S.- Khajauli, District- Madhubani.

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Raman Kumar s/o Dilip Kumar Resident of village + P.O.Maniarwa (East) P.O.+ P.S.- Khajauli, District- Madhubani.

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Balram Sahoo s/o Murli Sahoo Resident of village+P.O. - Rasidpur, P.S.- Khajauli, District- Madhubani.

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Ramanuj Prasad s/o Birendra Kumar Singh Resident of village+ P.O.- Sukki , P.S.- Khajauli District- Madhubani,

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Ganpati Jha s/o Late Jatadhar Jha Resident of village+P.O. - Rasidpur, P.S.- Khajauli, District- Madhubani.

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Arun Kumar Sahu S/o Late Bujhawan Sahu Resident of village+P.O. - Narar goth tola , P.S.- Kaluahi, DistrictMadhubani.

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Krishna Sah s/o Ram Awtar Yadav Resident of village + P.O.Datuar, P.S.- Khajauli, Dist- Madhubani.

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11.Md. Gulam Rabbani s/o Md. Abdul Hafiz Resident of villageDumriahi, P.O. - Karmauli, P.S.- Khajauli, District- Madhubani.

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Md. Intekhab Azam s/o Md. Shakir Hussain Resident of villageDumriahi, P.O. - Karmauli, P.S.- Khajauli, District- Madhubani.

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Hemant KumarThakur s/o Fildeo Thakur Resident of village - Lakshmipur, P.O.- Thahar, P.S.- Khajauli, Dist- Madhubani.

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Pappu Kumar s/o Suresh Prasad Resident of VillageLakshmipur, P.O.- Datuar P.S.- Khajauli, District- Madhubani.

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Shobhakant Singh s/o Late Biswshwar Singh Resident of Village + P.O. - Kanhauli, P.S.- Khajauli, District- Madhubani.

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Pawan Kumar Das s/o Kunai Das Resident of Village + P.O. - Kanhauli, P.S.- Khajauli, District- Madhubani.

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Shivshankar Kumar Santosh s/o Late Satdeo Mahra Resident of village - Laxmipur , P.O. - Datuar , P.S.- Khajauli DistrictMadhubani.

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Ram Sagar Paswan s/o Ayodhi Paswan Resident of village - Sarave P.O. + P.S. - Khajauli Dist- Madhubani.

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Arun Kumar s/o Late Kishori Sahu Resident of Village + P.O. - Laxmipur, P.S.- Khajauli, District - Madhubani.

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Deepak Kumar Mandal s/o Ramkripal Mandal Resident of village - Madna, P.O.- Panda Laxmipur, P.S.- Khajauli , District - Madhubani

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Bhushan Kumar s/o Sri Ramadhar Mandal Resident of village - Madna, P.O.- Panda Laxmipur, P.S.- Khajauli , District - Madhubani

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... ... Petitioner/s

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Versus

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Patna High Court CWJC No.6787 of 2015(2) dt.04-12-2018 2/3

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The State of Bihar through the Principal Secretary, Department of Rural Development , Govt. of Bihar, Patna

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The District Magistrate, Madhubani

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The Block Development Officer, cum Charge officer, Block Khakauli District - Madhubani.

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The Rural Development Officer, Block - Khajauli District- Madhubani.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bishwa Nath Chaudhary, Advocate For the Respondent/s : Mr. Vasant Vikas AC to G.P.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 04-12-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

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The issue raised in the present writ petition is payment of travelling allowance and training allowance to the petitioners as they were sent for training as Enumerators in connection with Socio-Economic and Caste- Census-2011.

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Learned counsel appearing on behalf of the petitioners submits that part payment has been made but the remaining has not been paid for which the petitioners have approached the Rural Development Officer, Khajauli, Madhubani, but till date neither the payment was made nor the representation dated 11.1.2014 contained in Annexure-4 has been disposed of.

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Considering the fact that this writ petition was filed on 29.4.2015 after service of two advance copies to the office of the Advocate General, but unfortunately till date no counter affidavit has been filed, the Court is constrained to dispose of

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Patna High Court CWJC No.6787 of 2015(2) dt.04-12-2018 3/3

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the writ petition with a direction to the Rural Development Officer, Khajauli, Madhubani to ensure the payment of unpaid travelling and training allowance to the petitioners within a maximum period of four months from the date of receipt/production of a copy of this order. Failing which the entire arrears will carry interest at the rate of 9 per cent per annum from the pocket of Rural Development Officer, Khajauli, Madhubani/Block Development Officer, Khajauli, Madhubani.

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With the aforesaid the writ petitions stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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T.Kr./-

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Pradeep Kumar and Ors. v. The State Of Bihar and Ors.

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Pradeep Kumar and Ors. v. The State Of Bihar and Ors.

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