Rameshwar Prasad Sinha vs The State Of Bihar &Amp; Ors on 20 September, 2010

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.15562 of 2005
               RAMESHWAR PRASAD SINHA SOIN OF LATE SHIV
              NANDAN SINHA RESIDENT OF VILLAGE SONA
              GOPALPUR, P.S. GOURICHAK (OLD P.S.
              PHULWARISHARIF), DISTRICT PATNA.
                                     Versus
          1. THE STATE OF BIHAR
          2. THE COMMISSIONER-CUM-SECRETARY, EDUCATION
              DEPARTMENT, BIHAR, PATNA.
          3. THE DISTRICT DEVELOPMENT COMMISSIONER,
              BIHAR, PATNA.
          4. THE DISTRICT EDUCATION OFFICER, NALANDA AT
              BIHARSHARIF.
          5. THE DISTRICT EDUCATION OFFICER, MUNGER.
          6. DIRECTOR MASS EDUCATION OFFICE, BIHAR, PATNA.
          7. THE DISTRICT MASS EDUCATION OFFICER, NALANDA
              AT BIHARSHARIF.
          8. THE DISTRICT MASS EDUCATION OFFICER, MUNGER.
          9. THE NON-FORMAL EDUCATION PROJECT OFFICER,
              HILSA, NALANDA.
          10. THE NON-FORMAL EDUCATION PROJECT OFFICER,
              MUNGER.

                                          -----------

4 20/09/2010 One of the reasons why this Court does not want

to pass any categorical order in favour of the petitioner

for payment of certain claim made by the petitioner is

that the petitioner retired from service way back in the

year 1999 but approached this Court only in the year

2005 raising certain claim on the ground of non-payment

for no apparent reason. Petitioner was supposed to be an

employee of District Mass Education relating to Non-

formal Education Project.

-2-

Some payment of salary etc. has now been made

but the petitioner claims that Dearness Allowance and

increment etc. has not been paid to him. Even increase in

basic pay has not been allowed.

Since counter affidavit has not been filed by the

State in all these years, the Court cannot decide the issue

raised herein. But if the petitioner now files a fresh

application before respondent no. 7, the District Mass

Education Officer, Nalanda at Biharsharif with his claim,

the matter would be verified by him and the outcome will

be known to the petitioner within a period of six months

from the date of filing of such application by the

petitioner with a copy of this order. If the petitioner is

found entitled to those claim, he shall be authorized for

such payment and if not, he shall be communicated the

reason thereof.

This writ application is disposed of with the

above direction.

AMIN/                     (Ajay Kumar Tripathi, J.)