Patna High Court
Sudhir Mandal vs The State Of Bihar on 22 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6964 of 2023
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Sudhir Mandal Son of Sri Mandal, Resident of Mohalla Shivpuri, Ward No. 9,
Araria, P.S. and District Araria.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector cum District Magistrate, Araria.
3. The Additional Collector, Araria.
4. The Anchal Adhikari, Bhargama, District Araria.
5. The Accountant General, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Md. Khurshid Alam, AAG-12
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 22-08-2023
Heard Mr. Sunil Kumar, learned counsel appearing
on behalf of the petitioner and Md. Khurshid Alam, learned
AAG-12 appearing on behalf of respondent.
2. In the present writ petition, the petitioner has
prayed for following reliefs:
"That this petition is being filed
for issuance of an appropriate writ, order or
direction to the Respondents to pay the
following pre and post retiral dues to the
petitioner:
(i) Gratuity Amount
(ii) General Provident Fund
Amount
(iii) Group Insurance Amount
(iv) Leave Encashment Amount
(v) Fixation of Pension and its
payment
(vi) Due Salary of General
Strike period for the month of January, 2009
and February, 2009.
Patna High Court CWJC No.6964 of 2023 dt.22-08-2023
(vii) Salary of the period of
suspension from 13.06.2012 to 28.06.2013.
(viii) Difference of amount of
salary etc. on account of 6th Pay Revision.
(ix) Fixation of pay on account
th
of 7 Pay Revision and difference of salary
thereof.
(x) A.C.P. and M.A.C.P. as the
petitioner was in Government Service for
more than 38 years and the difference of
Salary thereof.
(xi) Penal Interest on all due
amount as despite more than 9 years having
been elapsed not a single paise has been
paid to him till date."
3. The petitioner is aggrieved for non-payment of
retiral dues as claimed for in the writ petition. The due date of
retirement of the petitioner is 30.06.2013, however, due to
pendency of departmental proceeding against him, the petitioner
has been denied the above dues.
4. The District Magistrate, Araria is directed to take
immediate steps for making payment of admissible dues to the
petitioner.
5. Considering the fact that due date of retirement
of the petitioner is 30.06.2013 and petitioner is entitled for at
least 90% provisional pension and 90% gratuity in accordance
with provision of Bihar Pension Rules as well as other retiral
dues under different heads within a period of three weeks from
the date of passing of this order. The petitioner, if so desires,
Patna High Court CWJC No.6964 of 2023 dt.22-08-2023
may also file a detailed representation before the concerned
authority in accordance with law.
6. The District Magistrate not consider the fact that
order of dismissal of the petitioner was quashed by this Court
vide order dated 20.05.2019 passed in CWJC No. 18601 of
2014 and till date in compliance of the said order, the District
Magistrate, Araria respondent no. 2 has sat tight over the matter
by not passing any final order. The Apex Court has deprecated
that the practice of quashi judicial authority to be guided by
pre-decisional order to be reflected into the post decisional
order.
7. With the above observations and directions, the
writ petition stands disposed of.
(Purnendu Singh, J)
Manish/-
Minu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.08.2023
Transmission Date NA
