Patna High Court
Shakeel Ahmad vs The State Of Bihar on 11 December, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.516 of 2021
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Shakeel Ahmad son of Late Md. Siddique resident of Village- Ahirpurwa,
Ward No. 29, P.S. Arrah Town, District- Bhojpur at Arrah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Education Department,
Vikash Bhawan, Patna.
2. The Principal Secretary, Education Department, Govt. of Bihar, Vikash
Bhawan, Patna.
3. The Director, Administration-cum- Additional Secretary, Education
Department, Govt. of Bihar, Vikash Bhawan, Patna.
4. The District Education Officer, Madhubani, District Madhubani.
5. The District Treasury Officer, Madhubani, District Madhubani.
6. The Chief Account Officer, Office of the Accountant General (A/E), Bihar,
Veer Chand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Adv.
For the State : Mr. Shashi Shekhar Tiwari, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 11-12-2023
Heard Mr. Shankar Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Shashi Shekhar Tiwari,
learned counsel for the State. Learned counsel for the
Accountant General is also present.
2. The petitioner, who superannuated from the post of
District Programme Officer, Madhubani on 31.01.2019, filed the
present writ petition seeking a direction upon the respondents to
ensure payment of the entire amount of arrears of pension from
the date of retirement, current pension, amount of gratuity and
Patna High Court CWJC No.516 of 2021 dt.11-12-2023
earned leave of 300 days, along with statutory interest.
3. It is vehemently submitted on behalf of the
petitioner that during the pendency of the writ petition, the
petitioner on being exonerated from the charges in the pending
departmental proceeding, all the pensionary due amounts have
been paid to the petitioner. Referring to the materials on record,
he submits that the petitioner was initially proceeded for certain
charges which resulted into exoneration of the petitioner.
However, soon thereafter a new prapatra (ka) was framed and
fresh departmental proceeding was initiated which also ended in
the exoneration of the petitioner on 16.09.2022 and thereupon
the admissible due payment was made but in this way, delay of
four years have taken place in granting the retiral benefits to the
petitioner, which shows how the respondents have acted
arbitrarily.
4. Learned counsel for the State while refuting the
contention of the petitioner submitted that since the
departmental proceeding was pending consideration before the
disciplinary authority and the same has been ended in
exoneration of the petitioner on 16.09.2022, consequently all the
payments have been made and as such in any view of the matter,
there is no delay in granting the benefit to the petitioner.
Patna High Court CWJC No.516 of 2021 dt.11-12-2023
5. Confronting with such submission, at this stage,
learned counsel for the petitioner further submits across the
Board that he intends to file a representation before the
respondent no. 3 narrating the entire facts showing the delay in
payment of his admissible retiral benefits.
6. Considering the limited prayer of the petitioner, the
present writ petition stands disposed of with liberty aforesaid.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 12 .12.2023
Transmission Date
