Patna High Court
Arjun Prasad vs The State Of Bihar on 20 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11343 of 2021
======================================================
Arjun Prasad S/o Late Sonu Ram, resident of Village- Madanpur, P.S.-
Vishnupad, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Forest and Environment Department Govt. of Bihar,
Patna.
3. The Assistant General Manager, Bihar State Forest Development
Corporation Ltd. Sal Seed Project, Patna.
4. The Secretary-cum Commissioner, Environment and Forest Development
Department, Govt. of Bihar, Patna.
5. The Principal Secretary, Forest and Environment Department Govt. of
Jharkhand, Ranchi.
6. The Secretary-cum Commissioner, Environment and Forest Department,
Govt. of Jharkhand, Ranchi.
7. The Managing Director, Bihar State Forest Development Corporation, Ltd.
Patliputra Colony, Patna - 13.
8. The Divisional Manager, Minor Forst Procedure Project Division, Gaya.
9. The Managing Director, State Forest Development Corporation Sal Seed
Scheme, Doranda, Jharkhand, Ranchi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Respondent/s : Mr. Raghwanand, (GA 11)
Mr. Sanjay Kumar Tiwary, (AC to GA 11)
For the Corporation : Mr. Ravindra Kumar Shukla, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 20-12-2022
Heard Mr. Vinod Kumar, learned counsel appearing
on behalf of the petitioner, Mr. Ravindra Kumar Shukla, learned
counsel for the Bihar State Forest State Development Corporation
Ltd. and Mr. Sanjay Kumar Tiwary, learned AC to GA 11 for the
State.
Patna High Court CWJC No.11343 of 2021 dt.20-12-2022
2. The present writ application has been filed for the
following reliefs:
I.) For issuance of direction
commanding the respondents to make payment of
leave encashment amount and interest on General
Provident Fund Amount of the petitioner.
II.) For payment of interest at the rate
of 12% on delay payment from due date till date of
payment and cost of litigation.
III.) For any other relief/reliefs for
which the petitioner is legally entitled for the ends
of justice, if any.
3. It is submitted that the petitioner was appointed as a
Orderly on 08.07.1977 and after attaining the age of
superannuation, he retired on 08.07.2017 from the post of Field
Produce Overseer. It is further submitted that even after more than
five 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
Jharkhand Government. Now the assets and liabilities of Bihar
State Forest Development Corporation are duly bifurcated between
Patna High Court CWJC No.11343 of 2021 dt.20-12-2022
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 persons 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
writ application stands disposed of with a direction to the
Patna High Court CWJC No.11343 of 2021 dt.20-12-2022
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 21.12.2022.
Transmission Date NA
