IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7152 of 2005 KRISHNA KUMAR, SON OF LATE MOTILAL, RESIDENT OF VILLAGE – ALONI, P.S. GARKHA, DISTRICT – SARAN. ………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF MINOR IRRIGATION, GOVT. OF BIHAR, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF MINOR IRRIGATION, GOVT. OF BIHAR, PATNA. 4. THE ENGINEERIN-CHIEF –CUM- PROJECT CO-ORDINATOR, WATER RESOURCES (MINOR IRRIGATION DEPARTMENT), VISHESHWARAIYA BHAWAN, PATNA. 5. THE CHIEF ENGINEER (NORTH, TUBEWELL PROJECT, MINFOR IRRIGATION DEPARTMENT, MUZAFFARPUR. 6. THE SUPERINTENDING ENGINEER, TUBEWELL CIRCLE, CHAPRA. 7. THE EXECUTIVE ENGINEER, TUBEWELL DIVISION, CHAPRA, DISTRICT – SARAN. …………. RESPONDENTS. For the Petitioner : - Mr. Dr. Uma Shankar Prasad, Sr. Advocate Mr. Bhuneshwar Pandey, Advocate Mr. Kamala Kant Tiwary, Advocate For the State : - Mr. Chakradhari Sharan Singh, AAG VI Mr. Deepak Sahay Jamuar, AC To AAG VI ----------- 06/ 13.05.2011 Heard counsel for the petitioner and counsel appearing for the State. Prayer of the petitioner is for a direction to the Respondents for making payment salary for the period in between 1st November, 2002 to 16th October, 2003. Petitioner’s case is that during this period he was posted as Accounts Clerk in Tubewell Division, Chapra. Due to the fault on the part of the Respondents his name was not referred for his service extension, which is required in case of such 2 employees, who are shown working in the non-plan head. Submission of the petitioner is duly corroborated from letter No. 1282 dated 4.12.2002 issued under the signature of Executive Engineer, Tubewell Division, Chapra (Annexure-7). In this letter it has been stated that since name of the petitioner could not be mentioned in the list of employees, whose names was forwarded for sanctioning the extension of their service, as such there could not be any budgetary allocation for payment of salary to the petitioner. In this letter the Executive Engineer has made a request for corrections/modifications of the letter and for allocation of the budget so that petitioner may be paid his salary. Considering the fact that there being no fault on the part of the petitioner, his salary for the period in between the period 1st November, 2002 to 16th October, 2003 could not paid. In the light of Annexure-7, the Respondent No. 3, Joint Secretary, Minor Irrigation Department, Patna is 3 directed to issue requisite correction/modification letter and also make budgetary allocation for payment of salary to the petitioner for the period in between 1st November, 2002 to 16th October, 2003. Necessary steps and orders be issued in this regard within four weeks from the date of production/communication of the order. Payment must be made to the petitioner within three months thereafter. This application is allowed. DKS/ (Mridula Mishra, J.)