High Court Patna High Court - Orders

Sri Kant Kumar vs The State Of Bihar &Amp; Ors on 26 August, 2010

Patna High Court – Orders
Sri Kant Kumar vs The State Of Bihar &Amp; Ors on 26 August, 2010
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.2815 of 2010
      1. SRI KANT KUMAR S/O SRI BARHN PRASAD R/O VILL- UTARNAMA, P.S RAHUI,
      DISTT- NALANDA
                                           Versus
      1. THE STATE OF BIHAR
      2. THE PRINCIPAL SECRETARY, ROAD COSNTRUCTION DEPARTMENT, GOVT. OF
      BIHAR, PATNA
      3. THE CHIEF ENGINEER, null ROAD CONSTRUCTION DEPARTMENT, GOVT.OF
      BIHAR, PATNA
      4. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION, NO. 1,
      AURANGABAD
                                        -----------

2. 26.08.2010 Heard learned Counsel for the petitioner and the learned

Counsel for the State.

The petitioner was appointed on contract basis as Junior

Engineer. He is aggrieved by non payment of full wages.

Para 5 of the counter affidavit states that he worked from

7.8.2006 to 31.3.2007. He has been paid Rs. 22,452/- and for

the remaining amount of Rs. 39,880/- a bankers cheque is ready

which he can collect from the office of Executive Engineer, Road

Construction Division No. 1 Aurangabad.

Learned Counsel for the petitioner submits that the dues

still remained payable from lst April 2007 to 30.6.2007. The

counter affidavit unfortunately is silent with regard to that

period. Unfortunately that period specifically asserted in para 9

of the writ petition has not been dealt with in the counter

affidavit.

The petitioner is at liberty to collect his payment of Rs.
39,880/- as aforesaid without prejudice to his rights and duty of
the respondents to pass a reasoned and speaking order within a
maximum period of four weeks from the date of receipt and/or
presentation of a copy of this order before respondent no. 4 with
regard to the balance claim as noticed in the present order.

The writ application stands disposed.

     Snkumar/-                                           (Navin Sinha,J.)