Prakash Prasad Yadav vs The State Of Bihar And Ors
2021 Latest Caselaw 5994 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20391 of 2011
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Prakash Prasad Yadav S/O Late Ramjee Prasad Yadav R/O Village- Sare, P.S.- Sare, District- Nalanda, Presently Residing At- Nagadah, P.S.- Mufassil, District- Begusarai

... ... Petitioner/s Versus

1. The State Of Bihar, through Chief Secretary

2. The Collector, Begusarai

3. The Director, Employment And Training, Bihar, Patna

4. The Accountant General Bihar, Birchand Patel Marg, Patna

5. The District Accountant Officer, Begusarai

6. The Principal, Industrial Training Institute, Begusarai

7. The District Provident Fund Officer, Begusarai

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Respondent/s : Mrs. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021

Petitioner has prayed for the following relief(s)-

"1. (i) For issuance of writ or any appropriate writ commanding the respondents to grant all retiral benefits of the petitioner as such provident fund from the date of joining, one increment of 1.8.2005, Gratuity, pension since June, 2011, actual substantive allowance of the period of his suspension and arrear of the period of 9.8.99 to 31.3.07 and 1.1.08 to 28.2.2010 to the petitioner.

(ii) For issuance of writ of Mandamus directing the respondents to grant consauertional Patna High Court CWJC No.20391 of 2011 dt.09-12-2021

benefits of the petitioner in light of letter no. 250 dated 11.2.2011 because some junior were promoted but till the date of retirement, the petitioner has not been granted the promotional benefits.

(iii) For issuance of writ/s for other relief/reliefs, the petitioner is entitled in the eye of law."

Shri Surendra Kumar Singh, learned counsel for the

petitioner states that perhaps with the passage of time, the

departmental proceedings, initiated against the original

petitioner and other persons, would have completed.

As such, as jointly prayed for, the instant petition is

disposed of in the following mutually agreeable terms:-

(a). Petitioner is permitted to withdraw the present

petition;

(b) Petitioner shall approach the respondent

authorities venting out the grievances, within a period of four

weeks from today;

(c) The authorities concerned shall consider and

dispose of the representation by passing a reasoned and

speaking order within a period of three months from the date of

its filing along with a copy of this order before the authority

concerned;

(c) Needless to add, while considering such Patna High Court CWJC No.20391 of 2011 dt.09-12-2021

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(d) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(e) We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise available in law,

before the appropriate forum, the same shall be dealt with, in

accordance with law and with reasonable dispatch;

(f) Liberty reserved to the petitioner to approach the

Court, if the need so rises subsequently on the same and

subsequent cause of action;

(g) We have not expressed any opinion on merits. All

issues are left open;

The instant petition stands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date