Vijay Prasad Rai vs The State Of Bihar
2021 Latest Caselaw 4491 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20588 of 2019
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Vijay Prasad Rai, aged about 65 years, Male, S/o Sri Rajendra Prasad Rai, resident of Village- Tiswara, P.O.- Sarangpur, P.S.- Tajpur, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

2. The District Magistrate, Samastipur.

3. The District Education Officer, Samastipur.

4. The District Programme Officer, (Establishment), Samastipur.

5. The Block Education Officer, Morwan, Samastipur.

6. The Treasury Officer, Samastipur.

7. The Accountant General Bihar, Patna.

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

For the Petitioner/s : Mr. Arvind Kumar Sinha, Adv. For the Respondent/s : Mr. Umesh Narayan Dubey, AC to GP21 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 06-09-2021 Heard learned counsel for the petitioner and learned

counsel for the respondents through video conference.

2. The present writ petition has been filed for the

following reliefs as formulated by the petitioner-

(i) To make the payment of full pension w.e.f. 01.06.2014.

(ii) To make the payment of arrears, differences of pension.

(iii) To make the payment of Group Insurance, G.P.F., Leave encashment, gratuity etc.

(iv) To make the payment of statutory or penal interest whichever is applicable with respect to aforesaid dues."

Patna High Court CWJC No.20588 of 2019 dt.06-09-2021

3. Without going into the detailed merits of the matter,

this Court takes note of the stand of the petitioner that a part of his

retirement benefits were being withheld in view of certain dues

owing from him. A statement has been made in the rejoinder to the

supplementary counter affidavit that an amount of Rs. 31,481/-

said to be the amount remaining with the petitioner in connection

with construction of class-room has since been paid on 09.02.2021

into the account of the school (Annexure-D). It is, therefore,

submitted that it will suffice if a direction is issued for disposal of

the petitioner's representation dated 23.01.2017 (Annexure-3).

4. Learned counsel for the respondents appears and has

been heard.

5. Having regard to the stand of the petitioner, the writ

petition is disposed of with a direction to the District Programme

Officer (Establishment), Samastipur (Respondent no.4) to consider

and dispose of the petitioner's representation dated 23.01.2017

(Annexure-3), if pending, on its own merits in accordance with

law and after granting an opportunity of hearing to the petitioner,

expeditiously and in any event preferably within a further period

of twelve weeks.

6. It is made clear that in view of the ongoing Covid-19

pandemic, any correspondence between the parties may be made Patna High Court CWJC No.20588 of 2019 dt.06-09-2021

through e-mail and the petitioner shall be at liberty to request for

hearing through video conference. To facilitate disposal, the

petitioner shall furnish his mobile number and email ID to the

concerned respondent within a week from today.

(Vikash Jain, J) rishi/-

AFR/NAFR                NAFR
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Uploading Date          10.09.2021
Transmission Date