Surendra Prasad vs The State Of Bihar
2023 Latest Caselaw 3529 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5507 of 2023
     ======================================================

1. Surendra Prasad Son of Late Ram Lakhan Sharma, Resident of Village-

Katari, Police Station- Neemchak Bathani in the District of Gaya.

2. Md. Jahangir Alam Son of Md. Jahiruddin, Resident of Village- Bandi, Police Station- Neemchak Bathani in the District of Gaya.

3. Jagat Ram Son of Late Mundrika Ram, Resident of Village- Guljana, Police Station- Tekari in the District of Gaya.

4. Anuj Kumar Son of Late Ram Charan Singh, Resident of Mohalla- Amir Mahal, Chhotaki Delha, Gaya, Police Station- Delha in the District of Gaya.

5. Amerika Prasad Singh Son of Late Ram Dahin Singh, Resident of Village-

Bikepur, Police Station- Atri in the district of Gaya.

6. Upendra Prasad Son of Late Raghunandan Mahto, Resident of Village-

Majhiyama, Police Station- Paraiya in the District of Gaya.

7. Laldeo Das Son of Sri Kameshwar Das, Resident of Village- Kasma, Police Station- Tekari in the District of Gaya.

8. Rajaram Kumar Son of Late Nathun Sao, Resident of Village- Tetua, Police Station- Atri in the District of Gaya.

9. Lalti Kumari Wife of Upendra Prasad, Resident of Village- Narauni, Police Station- Khizersarai in the District of Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Secretary, Expenditure, Finance Department, Government of Bihar, Patna.

4. The Director, Primary Education, Government of Bihar, Patna.

5. The District Magistrate-cum-Collector, Gaya.

6. The District Education Officer, Gaya.

7. The District Program Officer (Estb.), Gaya.

8. The Treasury Officer, Gaya Treasury, Gaya.

9. The Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr.Sunil Kumar, Advocate.

Mr. Ranjeet Kumar, Advocate.

For the State : Mr. Jitendra Kr. Roy 1, SC-13. For the A.G. Bihar : Mr. Binod Kumar Labh, SC (I.A. & A.D.) ====================================================== Patna High Court CWJC No.5507 of 2023 dt.07-08-2023

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-08-2023 Heard Mr. Sunil Kumar, learned counsel along with Mr.

Ranjeet Kumar, learned counsel appearing on behalf of the

petitioner; Mr. Jitendra Kumar Roy, learned SC-13 for the State

and Mr. Binod Kumar Labh, learned counsel for the Accountant

General, Bihar.

2. Learned counsel appearing on behalf of the

petitioners submits that on account of incorrect fixation of

pension, recovery has been made from the amount of gratuity

payable to the petitioners. Petitioners are ready to file a detailed

representation individually before the District Programme

Officer (Establishment), Gaya - respondent no.7 for redressal of

their grievance.

3. The District Programme Officer

(Establishment), Gaya - respondent no.7 is directed to call upon

the records relating to all the petitioners and dispose of their

individual representation in accordance with law as well as law

laid down by the Apex Court in the case of State of Punjab

and Others Vs. Rafiq Masih (White Washer) reported in

(2015) 4 SCC 334 and in the case of Amresh Kumar Singh &

Ors. Vs. The State of Bihar & Ors. reported in (2023) SCC

OnLine SC 496 within a period of six weeks from the date of Patna High Court CWJC No.5507 of 2023 dt.07-08-2023

filing of the representation by the petitioners.

4. The writ petition, accordingly, stands disposed

of.

(Purnendu Singh, J)

mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          08.08.2023
Transmission Date       N.A.