Patna High Court
Shiv Bachan Das vs The State Of Bihar on 21 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3689 of 2023
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Shiv Bachan Das son of Late Bansi Das resident of Village and P.O. Makher,
P.S. Akbarpur, District Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Panchayati Raj, Govt. of Bihar, Patna.
2. The Director, Directorate of Panchayati Raj, Bihar, Patna.
3. The District Magistrate, Nawada.
4. The Treasury Officer, Nawada.
5. The District Panchayat Raj Officer, Nawada.
6. The District Provident Fund Officer, Nawada.
7. The Block Development Officer, Pakaribarawan, District Nawada.
8. The Block Development Officer, Sirdala District Nawada.
9. The Block Development Officer, Warisaliganj, District Nawada.
10. The Accountant General (A and E), Bihar, Beerchand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Adv.
For the State : Mr. Ajay (Ga5)
For Accountant General : Mrs. Ritika Rani, Adv.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 21-08-2023
Heard Mr. Harsh Anuj, learned counsel appearing on
behalf of the petitioner, Mr. Ajay, learned counsel appearing on
behalf of the State and Mr. Mrs. Ritika Rani, learned counsel
appearing on behalf of the Accountant General.
2. Mr. Ajay, learned counsel appearing on behalf of the
State seeks to file counter affidavit, which is kept on record. He
Patna High Court CWJC No.3689 of 2023 dt.21-08-2023
informs that authority letter dated 27.07.2023 has already been
issued for making payment of retiral dues to the petitioner. The
Block Development Officer has already issued sanction letter to
the Accountant General, Bihar for fixing of pension and making
payment of gratuity to the petitioner.
3. Considering the aforesaid submission made on behalf
of the State, the Accountant General, Bihar is directed to take steps
for fixing the pension of the petitioner within a period of six weeks
and must ensure to issue authority to the Treasury Officer, Nawada
forthwith on or before the said period.
4. The Treasury Officer, Nawada is directed not to delay
in any manner in crediting the amount of pension and other retiral
dues into the account of the petitioner.
5. In case, Treasury Officer, Nawada delayed, in that
case, the petitioner may take appropriate legal action against him.
6. The petitioner is also aggrieved for non-payment of
substantial amount of provident fund and leave encashment.
7. The District Provident Fund Officer, Nawada is
directed to collect all the deduction statements from the place of
posting of the petitioner within a period of six weeks and must
ensure to make payment of provident fund with statutory interest.
Patna High Court CWJC No.3689 of 2023 dt.21-08-2023
8. At this stage, Mr. Ajay, learned counsel appearing on
behalf of the State informs that petitioner has not handed over the
charge till date.
9. The District Magistrate, Nawada is directed to call for
the service records relating to the petitioner for payment of
remaining retiral dues to the petitioner in accordance with law
along with statutory interest within a period of six weeks. The
petitioner is directed to hand over the charge if already not handed
over in accordance with law. In case the petitioner has delayed, in
that situation the petitioner is himself responsible for delay in
payment.
10. With the above observation and direction the writ
petition stands disposed of.
(Purnendu Singh, J)
pravinkumar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
