Patna High Court
Manoj KumarversusThe State of Bihar,
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Court directed the Executive Engineer to pay the admitted salary arrears to the petitioner and ordered the other respondents to make the requisite funds available.
Summary
The petitioner, Manoj Kumar, a daily‑wage Chowkidar appointed in 1982 with the Minor Irrigation Division, Bhabua, claimed that his salary for the period 1 March 2020 to 10 March 2021 remained unpaid. He filed a writ petition seeking direction for the respondents, various officials of the Bihar Minor Irrigation Department, to pay the outstanding dues. The respondents admitted the liability but cited paucity of funds, attaching a letter requesting sanction of Rs 3,95,304 for daily‑wage workers. After hearing both sides, the Court held that the admission of liability could not be defeated by a claim of insufficient funds. Accordingly, the Court ordered the Executive Engineer to pay the admitted amount within three months and directed the other respondents to make the necessary funds available. The writ application was therefore allowed.
Issues considered
- Whether the Bihar Minor Irrigation Department is liable to pay the petitioner's salary arrears for the period 01‑03‑2020 to 10‑03‑2021 despite alleged fund insufficiency
- Whether the Court can direct payment of the admitted dues and order the release of funds by the other respondents
Subjects
- salary dues
- government employee
- civil writ jurisdiction
- fund paucity
- payment direction
- minor irrigation department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2107 of 2022
======================================================
Manoj Kumar S/o Krishna Bahadur R/O Kacharwa Tola, Baralota, P.S.
Medininagar, District- Palamu, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar, Through its Secretary, Irrigation Department Patna.
2. The Joint Secretary, Minor Irrigation Department, Govt. of Patna Bihar.
3. The Deputy Secretary, Minor Irrigation Department, Govt. of Bihar.
4. The Chief Engineer Minor Irrigation Department, Govt of Patna Bihar.
5. The Superintending Engineer Minor Irrigation Department, Govt of Patna
Bihar.
6. Executive Engineer Minor Irrigation Division Mohania District Kaimur at
Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate
Mr. Rajesh Kumar, Advocate
For the Respondent/s : Mr. Anirben Kundu (SC- 24)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 03-04-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. (a) To direct the respondents to pay the salary
of the Petitioner which is due form 01.03.2020 to
10.03.2021
(b) Any other relief(s) for which the Petitioner
entitled under the law and facts of the case.”
3. The case of the petitioner in brief is that having
been appointed as Chowkidar at the office of the Minor
Irrigation Division, Bhabua on 1.12.1982 as a daily wage
Patna High Court CWJC No.2107 of 2022(3) dt.03-04-2026
2/3
employee and having worked to the satisfaction of all
concerned, nevertheless, the petitioner was not paid his dues of
salary for the period from 1.3.2020 to 10.3.2021. As such, the
instant writ application.
4. A counter affidavit has been filed on behalf of the
respondent nos. 2 to 6 sworn by the Executive Engineer, Minor
Irrigation admitting the dues claimed for by the petitioner and
expressing his inability to pay the same only for the reason of
paucity of fund.
5. The relevant paragraph no.6 of the counter affidavit
is reproduced herein below for ready reference :-
“6. That it may be relevant to state here that
the concerned Executive Engineer, Minor
Irrigation Division, Kaimur, Mohania, sent
letter to the Deputy Secretary, Minor Water
Resources Department, Patna vide its letter
no. 1220 dated 01.10.2020 for payment of
daily wages worker including this petitioner
whose name is appeared at serial no.4
Thereafter the Executive Engineer requested
to release/sanction a sum of Rs. 3,95,304.00
stating therein that due to paucity of fund
payment has not been made to daily wages
workers including this petitioner.
Photo copy of letter no. 1220
dated 01.10.2020 is annexed
herewith and marked as
Patna High Court CWJC No.2107 of 2022(3) dt.03-04-2026
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Annexure-A to this counter
affidavit.”
6. Having heard learned counsel for the parties and
taking into consideration the contents of the petition, the writ
application is allowed with a direction to the Executive
Engineer, Minor Irrigation Division Mohania, District-Kaimur
at Bhabua (respondent no.6) to pay the admitted amount to the
petitioner for the period that he worked from 1.3.2020 to
10.3.2021 within a period of three months from the date of
receipt/production of a copy of this order along with the
representation being filed by the petitioner.
7. It is further directed that the other respondents shall
make available the fund to enable the payment of the aforesaid
amount.
8. The writ application stands allowed with the above
observations and directions.
(Partha Sarthy, J)
Shiv/-
U
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