Patna High Court
Rashik Bihari Mishra vs The State Of Bihar on 13 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10218 of 2021
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Rashik Bihari Mishra, Son of Late Ram Chandra Mishra Resident of Village
and P.O.-Harnatad, P.S.-Laoukriya, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary-Cum-Commissioner, Environment
and Forest Department Government of Bihar, Patna.
2. The Secretary-Cum-Commissioner, Environment and Forest Department
Government of Bihar, Patna.
3. The Chief Conservator of Forest-Cum-Managing Director, the BIhar State
Forest Development Corporation Ltd. Officer Flat No. K-5, New Punaichak,
Patna.
4. The General Manager, Ninor Forest Produce Project Circle, Patna Cum IN
Charge of North Bihar Circle, the Bihar State Forest Development
Corporation Ltd. Officer Flat No. K-5, New Punaichak, Patna
5. The Project Deputy Director, Palamu Forest Project Division, Gadhva.
6. The Bihar State Forest Development Corporation Ltd. Officer Flat No. K-5,
New Punaichak, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG 13
Mr. Tej Pratap Singh, AC to AAG 13
For the Corporation : Mr. Ravindra Kumar Shukla, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 13-12-2022
Heard Mr. Rajeev Ranjan, learned counsel appearing on
behalf of the petitioner, Mr. Ravindra Kumar Shukla, learned
counsel on behalf of the Bihar State Forest Development
Corporation Ltd, and Mr. Tej Pratap Singh, learned AC to AAG 13.
2. The present writ application has been filed for the
following reliefs:
I.) To issue a writ/Writs, Order/Orders,
Direction/Directions to the respondent authority to
Patna High Court CWJC No.10218 of 2021 dt.13-12-2022
pay leave encashment of the petitioner, who retired
on 31.03.2015 from the post of Forest Guard from
the office of respondent no. 5.
II.) To issue a writ in the nature of
Mandamus commanding and directing the
Respondent Authorities to pay 18% interest on
leave encashment dues of the petitioner from the
date of actual accrual to the date of payment.
III.) To issue a show cause cum
explanation from the respondent nos. 3 to 6 why
leave encashment of the petitioner, who retired on
31.03.2015 has not been paid till date.
IV.) To issue other direction/directions
as this Hon'ble Court may deem fit and proper in
the facts and circumstances of this case.
3. It is submitted that the petitioner was appointed as a
Forest Guard on 23.05.1977 and after attaining the age of
superannuation, he retired on 31.03.2015. It is further submitted
that even after more than seven years of his superannuation, the
due amount of leave encashment has not allowed to him, which
compelled him to move before this Court by filing the present writ
application.
4. At this juncture, Mr. Shukla, learned counsel
appearing on behalf of the corporation by referring to paragraph 19
of the counter affidavit submits that a resolution regarding
bifurcation of assets and liabilities of Bihar State Forest
Development Corporation has been received in March 2022 from
Patna High Court CWJC No.10218 of 2021 dt.13-12-2022
Jharkhand Government. Now the assets and liabilities of Bihar
State Forest Development Corporation are duly bifurcated between
the state of Bihar and Jharkhand, all the necessary actions are
being taken in accordance with the provisions made in both state
resolutions and resolution of Finance Department. He further
submits that as soon as the necessary actions in accordance with
the provisions made in Finance Department resolutions completed,
the amount of leave encashment as well as the other dues of the
petitioner will be requisitioned/asked from the state government
and the payment of the leave encashment of the petitioner will be
done on receipt of the same.
5. Learned counsel for the petitioner submits that some
of the similarly situated person approached before this Court and
their writ application have been disposed of in terms of order
passed by this Court in CWJC No. 16236 of 2011, CWJC No.
17424 of 2016, CWJC No. 17304 of 2017, CWJC No. 6328 of
2019 and if the present writ application would be disposed of in
terms of the aforesaid order, he would be satisfied.
6. Having heard the learned counsel for the parties and
also taking into consideration the stand of the corporation, now
there is no impediment in allowing the benefit of due amount
under the head of leave encashment to the petitioner, the present
Patna High Court CWJC No.10218 of 2021 dt.13-12-2022
writ application stands disposed of with a direction to the
petitioner to approach before the respondent no. 3 for payment of
his admissible leave encashment.
7. If such a representation is filed within a period of four
weeks from today along with a copy of this order, the same shall
be disposed of after taking into consideration the aforementioned
orders of this Court, preferably within a period of eight weeks
from the date of filing of such representation and ensure payment
of admissible amount of leave encashment.
8. Accordingly, the present writ application stands
disposed of.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.12.2022.
Transmission Date NA
