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2006 DIGILAW 338 (PAT)

Upendra Paswan v. State of Bihar

2006-04-18

body2006
ORDER 1. No one is appearing on behalf of the respondents despite service. 2. By Annexure-1 to the writ petition it has been held out to the petitioners that the salaries payable to the petitioners cannot be paid in view of non-availability of grant by the State Government. The petitioners are Secretaries of the Gram Panchayat, who had been originally appointed as Panchayat sevak and later on converted to the post of Panchayat Secretary. In terms of the mandate of the statute, every Panchayat is required to have one Panchayat Secretary to be appointed by the State Government and the salaries payable to them is to be paid by the State Government or the State Government must arrange and ensure payment of such salaries. In such view of the matter, on the plea of non-availability of fund the salaries payable to the petitioners cannot be withheld. 3. In those circumstances, the writ petition is allowed with a direction upon the respondents No.1 and 2 to ensure payment of the salaries of the petitioners for the period 1st July 1999 to 31st March 2001 as quickly as possible but not later than three months from the date of service of a copy of this order upon the Respondent No.2. This disposes of the writ petition.