Patna High Court
Raj Kishor Mandal vs The State Of Bihar on 18 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6994 of 2023
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Raj Kishor Mandal S/o Late Ram Gulam Mandal Resident of Village-
Havidih near Durga Mandir, P.S. Baheri, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Rural Development Department,
Government of Bihar, Patna.
2. The Collector, East Champaran
3. The Block Development Kotwa, East Champaran.
4. The Circle Officer, Bankatwa, East Champaran.
5. The Block Development Officer, Dhaka, East Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Anand, Advocate
For the State : Mr. Akhileshwar Singh, AC to GA-2
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-08-2023
Heard Mr. Vijay Anand, learned counsel appearing
on behalf of the petitioner and Mr. Akhileshwar Singh, learned
AC to GA-2 for the State.
2. In the present writ petition, the petitioner has
prayed for following reliefs:
"1. That the present writ
application is being directed for issuance of
a writ in the nature of mandamus or any
appropriate writs commanding the
respondents by issuing direction to the
respondents concern to make payment of
pension amount since the date of
superannuation w.e.f. 1.2.23 from the post
of Head Clerk, from the office of B.D.O
Dhaka and yet deprived from getting
pension & other retiral dues on account of
last payment certificate not issued by BDO
Kotwa. However, the petitioner further
prays besides pension and retiral dues,
arrear of salary for the month of August
Patna High Court CWJC No.6994 of 2023 dt.18-08-2023
and September 2012 and November 2012 to
January 2023."
3. Learned counsel appearing on behalf of
petitioner submits that petitioner had retired on 31.01.2023 from
the post of Head Clerk/Nazir in the office of Circle Office,
Dhaka. The petitioner was appointed as Nazir in the office of
BDO, Kotwa, East Champaran (Respondent No. 3) on
06.09.1999. Later, he was transferred in the office of BDO,
Kalyanpur on 01.07.2004, where he continued in service till
31.05.2008. Thereafter, he was once again transferred back to
the office of BDO, Kotwa, East Champaran (Respondent No. 3)
on 01.06.2008, where he held the post of Nazir till 12.12.2012.
By Memo No. 996 dated 13.12.2012, issued by District
Magistrate, East Champaran, the service of the petitioner was
transferred to the office of BDO, Chiraiya, East Champaran.
4. The petitioner has been denied pension on
account of non-furnishing of Last Pay Certificate by the B.D.O.
Kotwa, East Champaran (Respondent No.3). The petitioner has
not been given salary from November, 2012 till the date of his
superannuation i.e 31.01.2023. Learned counsel on the above
submission, seeks to file detailed representation before the
District Magistrate, East Champaran.
5. Considering the specific submission made on
behalf of the petitioner that the petitioner desires to file a
Patna High Court CWJC No.6994 of 2023 dt.18-08-2023
detailed representation before the District Magistrate, East
Champaran, the District Magistrate, East Champaran is directed
to call for the service records relating to the petitioner and also
directed to summon the Block Development Officer, Kotwa to
produce all the documents relating to the petitioner. In case, the
District Magistrate finds that the Block Development Officer,
Kotwa in an illegal manner has not issued "No Objection
Certificate", disciplinary action is required to be taken against
the Block Development Officer, Kotwa in accordance with law.
The District Magistrate must ensure to make payment of all the
retiral dues including fixation of pension by directing the
sanctioning authority. The sanctioning authority is directed to
send sanction letter for fixation of pension of the petitioner to
the Accountant General, Bihar forthwith. The representation is
directed to be disposed of in accordance with law within a
period of six weeks from the date of its filing.
6. The writ application, accordingly, stands
disposed of.
(Purnendu Singh, J)
Manish/- Minu
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 23.08.2023
Transmission Date N.A.
