Remuneration for work when appointment was done correctly must be paid: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.102220 Puja Kumari W o Umashankar Kumar Resident of village Chotki Masaurhi P.s. Masaurhi District Patna ... Petitioner s The State of Bihar through its Principal Secretary Welfare Department Government of Bihar Patna The Principal Secretary Department of Finance Government of Bihar Patna The Joint Secretary Department of Social Welfare Government of Bihar The P.C.F.C. Department of Finance Government of Bihar Patna The Director I.C.D.S. Government of Bihar Patna The District Magistrate(D.M.) Patna The Child Development Project OfficerMasaurhi Patna ... Respondent s For the Petitioner s For the Respondent s CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI Date : 10 01 2022 Mr.Samir Kumar Mr.Lalit KishoreFor issuance of writ writs s in the nature of certiorari for setting aside the order contained in letter no. 311 dated 19.06.2020 passed by C.D.P.O Masaurhi Patna by which petitioner has been removed from her post and her selection has been cancelled appreciating the fact that petitioner was only available candidate Patna High Court CWJC No.102220 dt.10 01 2022 without any criminal history in her category at the time of selection and so her appointment was done right ii) For issuance of writ in the nature of Mandamus directing Respondents to make the payment of the salary for work she has rendered at the post of Aaganbari Sevika for almost 12 months iii) For issuance of writ writs order orders directing the concerned authorities to for any other relief to be granted to the petitioner.” 3. Undisputedly petitioner has a statutory remedy of appeal before the Appellate Authority therefore the petitioner is at liberty to prefer appeal before the Appellate Authority within a period of two weeks from the date of receipt of this order. On receipt of Memorandum of Appeal Appellate Authority is hereby directed to decide the petitioner’s appeal within a period of two months from the date of receipt of appeal. 4. At this juncture learned counsel for the petitioner submitted that the petitioner has not been paid salary during the intervening period from the date of appointment till cancellation of appointment. In this regard petitioner has not submitted any representation. He is permitted to file representation. Such representation shall be considered by the competent authority. If salary has not been paid the same shall be paid within a period of four weeks from the date of receipt of petitioner’s representation failing which petitioner is entitled to interest at the rate of 12 per annum on arrears of salary. Patna High Court CWJC No.102220 dt.10 01 2022 5. With the above observation writ petition stands disposed off. P. B. Bajanthri J GAURAV S. 

Summary: Remuneration for work performed at the position of Aaganbari Sevika for almost a year if t has not been paid, it must be paid or else the petitioner is entitled to interest at the rate of 12% per annum on the salary arrears is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE P. B. BAJANTHRI in the case of Puja Kumari Vs. The State of Bihar (Civil Writ Jurisdiction Case No.10223 of 2020) Brief facts of the case are that the  petitioner has requested the issuance of a writ/ writs/s in the nature of certiorari to set aside the order contained in letter no. 311 dated 19.06.2020 passed by C.D.P.O Masaurhi, Patna by which petitioner was removed from her post and her selection was cancelled, recognising that petitioner was the only available candidate in her category at the time of selection and thus her appointment was done correctly and has asked for the issuance of a writ in the type of a Mandamus requiring Respondents to pay her remuneration for work she performed at the position of Aaganbari Sevika for almost a year. Undoubtedly, the petitioner has a statutory right to appeal to the Appellate Authority; consequently, the petitioner has two weeks from the date of receipt of this ruling to file an appeal with the Appellate Authority. Following receipt of the petitioner’s Memorandum of Appeal, the Appellate Authority is hereby directed to resolve the petitioner’s appeal within two months of receipt. At this instance, learned counsel for the petitioner asserted that the petitioner was not paid compensation between the date of appointment and the date of cancellation of appointment. In this regard, the petitioner has not filed any representation; nonetheless, he is permitted to do so, and his representation will be reviewed by the appropriate authority. Writ petition stands disposed of stating that if the pay has not been paid, it must be paid within four weeks after the date of receipt of the petitioner’s representation; otherwise, the petitioner is entitled to interest at the rate of 12% per annum on the salary arrears.