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

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.

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Judgement reviewed by – Pooja Lakshmi

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