- (1.) ON 21.11.2007 when the case was taken up for hearing under the heading 'For Admission', the petitioner Informed the Court that in spite of earlier order for payment of subsistence allowance to the petitioner which was not paid since the month of December, 2006, one Samrendra Klshore Shnvastava, Executive Engineer, Road Construction Division, Dhanbad did not pay anything to the petitioner.
(2.) THE petitioner was allowed to Implead the said Executive Engineer by name. A notice to show cause was also issued to him. When the case was again taken up on 17 12.2007, it was informed that In spite of service of notice, the said Executive Engineer neither appeared nor filed any reply to the show cause. He was given further opportunity to file reply and was also asked to appear in person on the next date. Today, Samrendra Kishore Shnvastava, Executive Engineer, Road Construction Division, Dhanbad is present before thiS Court. Show cause reply has also been filed explaining the delay in making payment of the subsistence allowance to the petitioner in compliance of the order of this Court. It has been stated that though the order was passed on 5.7.07, the petitioner did not produce a copy of the said order. Neither the said order was sent departmentally nor from the Office of the Advocate General, before the same was communicated by the Secretary of the Department on 4.12.07. On receipt of the order, letter was immediately sent to the concerned Superintending Engineer requesting him to release the subsistence allowance to the petitioner as directed by this Court. Without any delay thereafter, bill was prepared and the amounts of all the arrears as well as the current subsistence allowance were paid to the petitioner.
(3.) LEARNED counsel appearing on behalf of the petitioner has admitted the payment of the arrears/current subsistence allowance made to the petitioner.;