IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5111 of 2010
1. VINOD KUMAR S/O SRI HIRIDAY NARAIN SINGH R/O VILL CHILHAR,
P.S.ITADAHI, DISTT-BUXAR
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY PANCHAYATI RAJ
BIHAR, PATNA
2. THE DISTRICT MAGISTRATE BUXAR
3. THE DISTRICT WELFARE OFFICER BUXAR CUM PANCHAYATI RAJ
OFFICER, BUXAR
4. THE S.D.O. BUXAR
5. THE BLOCK DEVELOPMENT OFFICER ITADHI, BUXAR
6. THE SARPANCH BIJHARURA PANCHAYAT , UNDER ITADHI BLOCK, BUXAR
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2/ 16/11/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner claims to have been selected
and appointed as a Nyayamitra in the Gram Kutchery,
Bijhorura Panchayat under the Itarhi and joined as such
on 18.12.2007. He further asserts that he is working
since then but is not being paid his salary for which he
has represented before the District Magistrate on
19.3.2009.
The appointment of Nyayamitras is regulated
by the Bihar Gram Kutchery Nyayamitra (Appointment,
Service Conditions and Duties) Rules, 2007. Rule-8
provides for the payment of wages to Nyayamitras. Rule-9
prescribes the procedure by which the appointment is to
be made. Rule-11 provides the procedure for disciplinary
action against a Nyayamitra. Rule-12 prescribes the
procedure for any complaint with regard to matters
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related to appointment before the Sub-divisional Officer.
He is required to dispose it within a maximum period of
30 days. There can be no doubt that a claim for salary
arising out of an appointment as a Nyayamitra is a
matter related to the appointment and stands fully
covered by Rule-12.
Though Rule-12 provides for a limitation of 30
days for raising of any claims, the denial of salary is a
continuing cause of action month to month. The Court
therefore directs the petitioner to file an application
before the Sub-divisional Officer within a period of 30
days from today. It he does so, the Sub-divisional Officer
is directed to dispose off his application in accordance
with law within a maximum period of 30 days provided in
Rule-12 from the date of presentation of such
application.
If the Sub-divisional Officer finds justification
in the claim or in any part of the claim, he shall issue
necessary directions for payment of salary within a
specified period. In the alternative, any order to the
prejudice of the petitioner has to be reasoned and
speaking in nature.
In the event that the Sub-divisional Officer
finds justification in the claim, the petitioner’s
appointment has not been interfered with and he is
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discharging duties, the Sub-divisional Officer shall issue
notice to the concerned who, according to him, are
answerable for withholding the salary of the petitioner.
Thereafter, the Sub-divisional Officer shall proceed to
recover the cost of the present litigation incurred by the
State Government from the salary of the concerned quite
apart from the question of proceeding departmentally
against the delinquent concerned, if the situation so
warrants.
The writ application stands disposed.
KC ( Navin Sinha, J.)