Patna High Court
Asharfi Thakur vs The State Of Bihar on 7 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1624 of 2023
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Asharfi Thakur, S/o Late Rajendra Thakur, R/o Mohall Shivnagar Sant Kabir
Road Banu Chhapar Bettiah P.S. Bettiah Town Dist West Champaran.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary of Water and Resources
Department Government of Bihar at Patna.
2. The Enginee in Chief, Water and Resources Department Government of
Bihar at Patna.
3. The Chief Engineer, Water and Resource Department (Irrigation Sirjan)
Government of Bihar at Motihari.
4. The Executive Engineer (Don Canal Division Ramnagar), at Ramnagar Dist.
W. Champaran.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate
For the Respondent/s : Mr. Sunil Kumar, AC to AAG-4
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 07-08-2023
Heard Mr. Dhannjay Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Sunil Kumar,
learned AC to AAG-4 for the State.
2. In the present writ petition the petitioner has
prayed for following relief:
"[A] For issuance an appropriate
writ in nature of Mandamus or any other
appropriate writ / writs or order/s or direct/s
commanding the respondents to pay Gratuity,
Group Insurance, Provident Fund, Leave
encashment and pension with interest and other
admitted dues with statutory interest.
[B] Any other relief or reliefs for
which the petitioner is found to be entitled."
Patna High Court CWJC No.1624 of 2023 dt.07-08-2023
3. Learned counsel appearing on behalf of the
petitioner submits that the statement made in paragraph no.8 of
the counter affidavit is incorrect. So far as the allegation made
by the Execute Engineer, Done Canal Division, Ramnagar is
concerned, he had requested the petitioner to make available his
previous place of posting at earliest so that his retiral benefit
could be sanctioned. Learned counsel further submits that so far
as the claim and places of posting is concerned, he has already
mentioned the aforesaid facts in his Representation dated
24.05.2022. The Execute Engineer, Done Canal Division,
Ramnagar, for the reasons best known to him, has made such
objection without verifying the fact that subsequent to the letter
no. 26, dated 12.01.2022, the petitioner had given all the details
in his representation dated 24.05.2022 in compliance of the
query made by the Execute Engineer.
4. Per contra learned counsel appearing on behalf
of the Respondents submits that petitioner is himself responsible
for the delay by submitting the details which delayed in
processing the payment of retiral dues.
5. Considering the rival submissions made by the
parties and the fact that the required information as sought vide
letter no. 26, dated 12.01.2022 has already been submitted by
Patna High Court CWJC No.1624 of 2023 dt.07-08-2023
the petitioner along with his details representation before the
Execute Engineer, Done Canal Division, Ramnagar. The
Execute Engineer, Done Canal Division, Ramnagar (Respondent
No.4) is directed to make payment of all retiral dues on different
heads to the petitioner including sanction of the due pension
payable to the petitioner within a period of six weeks. In case
the petitioner is still required to discharge any paraphernalia or
certain forms are required to be filled up the same must be
checked and submitted by the petitioner in accordance with law
within the aforesaid period for expeditiously payment of his
retiral dues.
6. With the above observations and directions the
writ petition stands disposed of.
(Purnendu Singh, J)
manish/minu
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.08.2023
Transmission Date
