Parmanand Chaudhary vs The State Of Bihar And Ors
2021 Latest Caselaw 1879 Patna

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.23463 of 2018


     Parmanand Chaudhary Son of Late Medni Chaudhary, Resident of Village
     and P.O. Harari, Via Jhanjharpur, District- Madhubani, Bihar.

                                                              ... ... Petitioner
                                     Versus

1.   The State Of Bihar through the Principal Secretary, Rural Works
     Department, Govt. of Bihar, Patna.
2.   The Superintending Engineer, Quality Management, Rural Works
     Department, Govt. of Bihar, Patna.
3.   The Accountant General (A and E), Bihar, Patna.
4.   The Deputy Secretaty, Rural Works Department, Govt. of Bihar, Patna.
5.   The Special Officer, Pension, Rural Works Department, Govt. of Bihar,
     Patna
6.   The Special Works Officer, Vigilance, Rural Works Department, Govt. of
     Bihar Patna.
7.   The Sections Officer, Pension Department, Rural Works Department,
     Govt. of Bihar, Patna.
8.   The Section Officer, Vigilance Department, Rural Works Department,
     Govt. of Bihar, Patna.


                                                           ... ... Respondents

Appearance :

     For the Petitioner   :       Mr. Anil Kumar Mukund, Advocate
     For the State       :        Mr. Kumar Alok, SC-7

For the Accountant General, Bihar: Dr. Anand Kumar, Advocate

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 07-04-2021

Heard learned counsel for the petitioner, learned counsel

for the State as well as learned counsel for the Accountant General

through video conference.

Patna High Court CWJC No.23463 of 2018 dt.07-04-2021

2. The following reliefs as formulated by the petitioner

have been claimed in the writ petition -

"For a direction/command in the nature of Mandamus and/or Certiorari for quashing or any other appropriate methods enshrined in the Constitution for redressal of the fundamental right of the citizens of India.

(i) The deduction of the 10% of pension amount of the petitioner retired Government Servant and the payment of full gratuity which comes to about 12 to 14 lacs with 12% of the commercial interest for all the amount accumulated so far and a stringent punishment to the erring officials responsible for holding the 10% of pension amount as also the total gratuity without any notice or departmental proceedings be set aside or struck down and the direction be issued to the authorities.

(ii) Any other relief or reliefs by way of compensation to the petitioner which the Hon'ble Court may thinks proper in facts and circumstances of the case."

3. At the outset itself, learned counsel for the petitioner

fairly accepts that all issues have now been resolved and the

remaining amount of retiral benefits have been sanctioned for

payment.

4. Learned counsel for the State as well as learned

counsel for the Accountant General appear and have been heard.

5. In the above view of the matter, the writ petition

stands disposed of with the observation that the remaining

payment shall be made to the petitioner expeditiously and in any Patna High Court CWJC No.23463 of 2018 dt.07-04-2021

event within a period of eight weeks from the date of

receipt/production of a copy of this order.

(Vikash Jain, J)

Ibrar//-

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Uploading Date        08.04.2021
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