High Court Patna High Court - Orders

Saiyad Moin Sahjada @ S.Moin vs The State Of Bihar & Ors on 29 September, 2011

Patna High Court – Orders
Saiyad Moin Sahjada @ S.Moin vs The State Of Bihar & Ors on 29 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.4069 of 2007
              Saiyad Moin Sahjada @ S.Moin, SON OF S.M.ISHAQUE, RESIDENT
              OF VILLAGE- HERHNITA, P.O.- ULGADDHA, P.S.- PATERHAR,
              DISTRICT- BOKARO :--PETITIONER.
                                                  Versus
              1. The State Of Bihar
              2. THE STATE OF JHARKHAND.
              3. THE CHIEF SECRETARY, STATE OF BIHAR, PATNA.
              4. THE CHIEF SECRETARY, STATE OF JHARKHAND, RANCHI.
              5. THE CHIEF ENGINEER (MECHANICAL) IRRIGATION
              DEPARTMENT, PATNA.
              6. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT,
              GANDAK PROJECT, BALMIKI NAGAR, WEST CHAMPARAN,
              BIHAR.
              7. THE SUPERINTENDING ENGINEER, IRRIGATION
              DEPARTMENT, MUZAFFARPUR, BIHAR.
              8. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT,
              RANCHI.
              9. THE EXECUTIVE ENGINEER, WATER WAY DIVISION,
              KODARMA, STATE OF JHARKHAND :---RESPONDENTS.
                                     ----------------------------------

For the petitioner :- Mr. Nil Kamal, Advocate.
For the State of Bihar :- Mr. Fakhruddin Ali Ahmad, A.C. to S.C.-III.
For the State of Jharkhand:- Mr. Neeraj Kumar, Advocate.

=====

3. 29.09.2011. Heard learned counsel for the

petitioner and the State.

2. Petitioner superannuated while

serving as Electrical Superintendent in the

Irrigation Mechanical Division, Water Resource

Department, Balmiki Nagar with effect from

31.12.2002. He has filed this writ petition on

30.03.2007 praying, inter alia, to direct the

authorities to pay his admitted dues. In this

connection he has referred to Letter No. 1801

dated 06.09.2006 of Sri Ramkishore Prasad

Singh, the then Executive Engineer, Irrigation

Mechanical Division, Water Resource
2

Department, Balmiki Nagar, Annexure-4,

whereunder a sum of Rs. 17002/- and

Traveling Allowance of Rs. 11,155.00p is

admitted as payment due to the petitioner

under House Rent, Arrears of second time

bound promotion and Traveling Allowance

dues. This writ petition has remained pending

for over four years but till date no counter

affidavit has been filed disputing the contents

of the letter dated 06.09.2006 which is

addressed to the lawyer of the petitioner Sri

Rajesh Kumar Maltha.

3. Having heard counsel for the

petitioner and the State, I direct the Executive

Engineer, Irrigation Mechanical Division,

Water Resource Department, Valmiki Nagar to

release the aforesaid payment, if not already

released, as early as possible, in any case

within a period of two months from the date of

receipt/production of a copy of this order

before the Executive Engineer.

4. The writ petition is, accordingly,

disposed of.

P.K.P.                             (V.N.Sinha,J.)