Disposed

Lalan Kumar Mishra v. The State of Bihar

Patna HC24 Oct 2019CWJC/17921/2019

Case brief

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What is this about?

A writ petition filed seeking payment of withheld salary for a specific period. The High Court directed the Civil Surgeon to decide the claim on admissible dues within two months, requiring reasoned orders if the claim is rejected.

What did the court decide?

Directed the Civil Surgeon, West Champaran to decide the petitioner's salary claim within two months and direct payment of admissible dues within one month thereafter.

Lalan Kumar Mishra Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17921 of 2019

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Lalan Kumar Mishra Son of late Vinay Kant Mishra, Resident of VillageMohna, P.O. Orhara, P.S. Rajaun, District- Banka.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

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The Principal Secretary, Department of Health, Government of Bihar, Patna.

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The Director-in-Chief, Health Services, Government of Bihar, Patna.

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The Civil Surgeon-Cum-Chief Medical Officer, West Champaran at Bettiah.

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The Incharge Medical Officer, Primary Health Centre, Harnatarh(Bagha-2), District- West Champaran.

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The Incharge Medical Officer, Referral Hospital, Katoria, Banka, DistrictBhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bibhakar Tiwary For the Respondent/s : Mr.S.D. Yadav (AAG-9) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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2 24-10-2019 Heard learned counsel for the parties.

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The only grievance, which the petitioner has raised in the present writ application is that he has not been paid his salary for the period 18.01.2019 to 31.07.2019. The petitioner claims that he was working as Prakhand Prasar Parashishak under the Incharge Medical Officer, Chandan, Bagha where from he was relieved on his transfer to join the new place of his posting at Bagaha. He has submitted that without any reason, the petitioner’s salary for the said period has been withheld.

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Patna High Court CWJC No.17921 of 2019(2) dt.24-10-2019 2/2

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Considering the facts and circumstances and after having heard the learned counsel for the petitioner and the learned Additional Advocate General-9, appearing on behalf of the State, this application is disposed of with an observation that let a decision be taken by the Civil Surgeon, West Champaran on petitioner’s claim for payment of his salary for the period in question within a period of two months from today. It is further directed that all admissible dues, which the petitioner is found entitled to against the arrears of salary must be paid to him within one month thereafter.

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It is indicated that in case the Civil Surgeon finds the petitioner’s claim not acceptable, he will have to pass an order recording reasons.

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This application stands disposed of.

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(Chakradhari Sharan Singh, J)

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arun/-

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Lalan Kumar Mishra v. The State of Bihar

Case brief

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Lalan Kumar Mishra v. The State of Bihar

Case brief

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