IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5283 of 2010
1. Dharmnath Sahni S/O Basudeo Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
2. Bhagwan Sahni S/O Daroga Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
3. Anil Sahni S/O Late Ram Balak Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
4. Manjay Sahni S/O Lagan Deo Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
5. Supan Sahni S/O Late Mosafir Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
6. Sanjay Kumar Mahto S/O Late Sukhlal Mahto R/O Vill.- Saidpur Amar
Singh Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
7. Kishori Sahni S/O Fudeni Sahni R/O Vill.- Saidpur Amar Singh Asthan,
Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
8. Chandeshwar Sahni S/O Sri Fudeni Sahni R/O Vill.- Saidpur Amar
Singh Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
9. Jagan Sahni S/O Rama Sahni R/O Vill.- Saidpur Amar Singh Asthan,
Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
10. Jhulpan Sahni S/O Chamar Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
11. Sheo Kumar Sahni S/O Ganaur Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
12. Hari Ballabh Sahni S/O Sri Fudeni Sahni R/O Vill.- Saidpur Amar
Singh Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
13. Harendra Mahto S/O Late Surya Mahto R/O Vill.- Saidpur Amar
Singh Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
14. Shree Deo Narain Sahni S/O Jagdeo Sahni R/O Vill.- Saidpur Amar
Singh Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
15. Ramchandra Sahni S/O Jagdeo Sahni R/O Vill.- Saidpur Amar Singh
Asthan, Sonepur, P.O.- Sonepur, Distt.- Saran At Chapra
Versus
1. The State Of Bihar
2. The Chief Secretary State Of Bihar, Old Secretariat, Patna-1
3. The Secretary, Disaster Management Department, Government Of
Bihar, Patna-1
4. District Magistrate, Madhepura, Distt.- Madhepura
5. District Magistrate, Supaul, Distt.- Supaul
6. The Circle Officer, Udwant Nagar Circle, Distt.- Bhojpur At Ara
7. The District Magistrate, Bhojpur.
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6 02.09.2011 Heard Mr. Vivekanand Vivek, learned counsel for the
petitioner and Mr. Shanker Kumar, learned A.C. to A.A.G.15 for the
State.
The writ petition has been filed seeking direction to the
respective District Authorities of Supaul and Madhepura to make
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payment of the wages of the petitioners for having served the
respondents during the flood of 2008. A prayer for payment towards the
boats as well as for compensation for lost boats were also made.
During the pendency of the proceedings and under direction
of this Court as noted in the order dated 18.07.2011, a verification
exercise was carried out at the level of the District Magistrate, Supaul
and District Magistrate, Madhepura. It is not in dispute that in so far as
the petitioner Nos. 4, 6 to 9 and 11 to 13 are concerned they have
received their respective payments from the District Magistrate,
Madhepura through the officer so authorized on his behalf. The said
information was brought on record of the proceedings by way of a
counter affidavit.
A further counter affidavit was filed on behalf of the District
Magistrate, Supaul mentioning therein that as the petitioner Nos. 1 to 3,
5, 10, 14 and 15 had surrendered their boats with the District
Administration of Bhojpur at Ara hence the payment to which they were
found entitled had been forwarded by the District Administration of
Supaul to the District Magistrate, Bhojpur at Ara for onward payment to
the claimants. It is not in dispute that the name of the petitioners finds
mention in the list of the claimants. It was thus contended that if the
petitioner would present themselves before the District Magistrate,
Bhojpur at Ara, they would not only receive their wages but also the
payment towards compensation for loss of boats. It was further
contended that although there was a dispute as to whether these
petitioners had ever discharged their duties and /or surrendered their
boats, but the District Administration taking a holistic view of the
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matter had decided to make payment to these petitioners without going
into intricacies of the matter. The matter was thus thereafter adjourned
requiring learned State counsel to verify the position from the District
Magistrate, Bhojpur at Ara as to the date fixed for enabling these
petitioner Nos. 1 to 3, 5, 10,14 and 15 to present themselves for taking
payment.
Today when this matter has been taken up, learned State
counsel on instructions received from the District Magistrate, Bhojpur at
Ara informs this Court that during the pendency of the proceedings the
entire payment to which the petitioner Nos. 2, 3, 5 and 15 were found
entitled has since been made over to the them together with
compensation amount. It is further contended that the compensation
amount for the loss of boats has also been made over to the remaining
petitioner Nos. 1, 10 and 14 but they have not presented themselves to
receive the wages amount of Rs. 1900/- and which would be paid to the
said petitioners on their appearance. That practically brings to an end
the larger controversy regarding non payment of the claims.
A dispute has now been raised as regarding the rate at which
the payment of wages has been paid to these petitioners. According to
the petitioners whereas their services had been engaged on a promise of
payment of wages at the rate of Rs. 300/- per day but the District
Administration has deviated from the said promise as evinced from the
logbooks and has instead made payment at a lower rate. It is thus
contended that these petitioners were entitled for payment at the rates
mentioned in their respective logbooks i.e. Rs. 300/- per day.
Be that as it may, as the admissible amount found payable by
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the District Administration has been made over to the petitioners the
cause of action as raised in the writ petition stands redressed. The writ
petitioners if so aggrieved by the rates, may raise their grievance before
the appropriate authority and who shall consider and dispose of the
same in accordance with law.
Bibhash (Jyoti Saran, J.)