Krishna Kumar Jha vs The State Of Bihar
2023 Latest Caselaw 3889 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3703 of 2023
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Krishna Kumar Jha Son of Late Sri Lakshmi Nath Jha, Resident of Village- Bhaurgarh, Nanpur, District-Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Govt. of Bihar, Rural Works Department, 5th Floor, Vishveshwarya Bhawan, Bailey Road, Patna- 800015.

3. The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Rural Works Department, 5th Floor, Vishveshwarya Bhawan, Bailey Road, Patna- 800015.

4. The Superintending Engineer, Rural Works Department, Works Division, Darbhanga, District-Darbhanga.

5. The Executive Engineer, Rural Works Department, Works Division, Biraul, District-Darbhanga.

6. The Accountant General (A and E), Bihar, Patna.

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

For the Petitioner/s : Mr. Avanindra Kumar Jha, Adv. For the State : Smt. Archana Meenakshee (Gp6), Mr. Prabhat Ranjan, AC to GP-6 For Accountant General : Mr. Bindhyachal Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 21-08-2023

Heard Mr. Avanindra Kumar Jha, learned counsel

appearing on behalf of the petitioner, Smt. Archana Meenakshee

and Mr. Prabhat Ranjan, learned counsels appearing on behalf of

the State and Mr. Bindhyachal Rai, learned counsel appearing on

behalf of the Accountant General.

Patna High Court CWJC No.3703 of 2023 dt.21-08-2023

2. Learned counsel appearing on behalf of the petitioner

informs that the petitioner has not been paid post retiral dues and

pension in spite of the fact that the petitioner was taken into

regular establishment vide Memo No. 87, dated 08.02.2014 from

his services taken in work charge establishment and was posted as

"Kosh Rakshak" in Rural Works Department, Works Division,

Darbhanga and for the said reason the Accountant General, Bihar

has not issued the authority. In spite of the fact, as per the said

reason the Treasury Officer, Darbhanga has not credited any

amount into the account of the petitioner.

3. Learned counsel appearing on behalf of the petitioner

submits that petitioner is going under treatment and as soon as he

resume his good health he will deposit Rs. 1,49,129/-. However,

taking serious ill health of the petitioner, who is suffering from

Cancer and he is going under treatment at Mumbai in specialized

hospital, the petitioner has not deposited the aforesaid amount

which is not deliberate on his part.

4. Considering the aforesaid submissions made on

behalf of the petitioner and undertaking given that the petitioner

will deposit Rs. 1,49,129/-.

Patna High Court CWJC No.3703 of 2023 dt.21-08-2023

5. The Treasury Officer, Darbhanga must ensure for

making payment of retiral benefit to the petitioner forthwith by

crediting into the account of the petitioner.

6. With the above observation and direction the writ

petition stands disposed of.

(Purnendu Singh, J) pravinkumar/-

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