Arun Kumar Jha vs The State Of Bihar
2023 Latest Caselaw 3566 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2993 of 2020
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Arun Kumar Jha Son of Late Dhaneshwar Jha Presently resident of Village- Athri, P.S.-Runnisaidpur, District-Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, department of Home (Police), Bihar, Patna

2. The Inspector General of Police, Central Range, Bihar, Patna

3. Senior Superintendent of Police, Patna.

4. The Accountant General of Bihar (Pension), Patna.

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

For the Petitioner/s : Mr. Yogendra Mishra, Sr. Advocate Mr. Uma Kant Tiwary, Advocate For the State : Mr. Manish Kumar, SC-8 For the AG : Mrs. Nivedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 08-08-2023 Heard Mr. Yogendra Mishra, learned Senior

Counsel assisted by Mr. Uma Kant Tiwary, learned counsel

appearing on behalf of the petitioner; Mr. Manish Kumar,

learned counsel appearing on behalf of the State and Mrs.

Nivedita Nirvikar, learned senior counsel appearing on behalf of

the Accountant General.

2. Mr. Yogendra Mishra, learned Senior Counsel

appearing on behalf of the petitioner submits that by filing a

modification application for modification of relief as prayed for

in the Paragraph No. 4 of the main writ petition he has sought

for following relief in Paragraph No. 4 of the Interlocutory Patna High Court CWJC No.2993 of 2020 dt.08-08-2023

Application:

"4. That in pursuance of the aforesaid order this petitioner made application and the authority made payment of the gratuity amount, leave encashment, pensionary benefit but did not make payment under the following heads:-

i. Full salary for the period 10.05.2015 to 31.01.2018 ii. Exgrasia payment for 13 months.

iii. Dress Allowances iv. House rent v. Motor cycle allowance"

3. Learned counsel has restricted his prayer by

seeking permission to file a detailed representation before the

Inspector General Police without assailing the order of penalty.

4. Considering the submission made on behalf of

the petitioner the Inspector General of Police, Bihar having

jurisdiction is directed to take necessary steps to make payment

of admissible dues to the petitioner in accordance with law

taking into consideration that petitioner has restricted his prayer

by not challenging the penalty order with respect to payment of

retiral dues on account of following heads:

"i. Full salary for the period 10.05.2015 to 31.01.2018 ii. Exgrasia payment for 13 months.

iii. Dress Allowances iv. House rent v. Motor cycle allowance"

Patna High Court CWJC No.2993 of 2020 dt.08-08-2023

5. The representation of the petitioner is directed to

be disposed of within a period of six weeks and the payment is

also required to be paid to the petitioner within the aforesaid

period in accordance with law.

6. With the above observations and directions, the

present writ petition stands disposed of.

(Purnendu Singh, J)

Manish/-

Minu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.08.2023
Transmission Date       NA