Patna High Court
Dr. Durga Prasad Singh 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.1138 of 2021
======================================================
Dr. Durga Prasad Singh S/o Late Harivansh Narayan Singh Resident of
Village and P.O. and P.S.- Sonepur, District- Saran, Presently residing at
Mairwa, P.S.- Mairwa, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Bihar, Patna.
2. The Joint Secretary, Health Department, Bihar, Patna.
3. The District Magistrate, Siwan.
4. The Civil Surgeon, Siwan.
5. The Incharge Medical Officer, Primary Health Center, Guthni, Siwan.
6. The District Treasury Officer, Siwan.
7. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rana Neha Kumari, Adv.
For the State : Mr. Niraj Raj, Adv.
=======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 11-12-2023
Heard Ms. Rana Neha Kumari, learned counsel
appearing on behalf of the petitioner and Mr. Niraj Raj, learned
counsel for the State.
2. Learned counsel for the State seeks permission to
file counter affidavit. Permission is accorded and the same is
taken on record.
3. The petitioner, who superannuated on 31.10.2018
from the post of Medical Officer, Primary Health Centre,
Guthni, Siwan, has filed the present writ petition seeking a
direction upon the respondents to make payment of all the
amounts of earned leave with statutory interest.
Patna High Court CWJC No.1138 of 2021 dt.11-12-2023
2/3
4. Learned counsel for the petitioner submits that
withholding of earned leave amount without there being any
rhymes and reasons is quite inconsistent to the provision
prescribed for payment of earned leave. Further submission has
been made that initially the official respondents woke up from
their slumber when the Accountant General issued a letter dated
01.2.2019
to the respondent no. 2 informing him that the
petitioner is also entitled for the amount of earned leave for 300
days on the date of his retirement. Consequent thereupon, vide
letter dated 09.01.2021, the respondent no. 2 sent a sanction
order for grant of pension and gratuity in favour of the petitioner
to the Accountant General, Bihar and finally during the
pendency of the writ petition, the same has been paid to the
petitioner.
5. It is submitted on behalf of the State that during
the pendency of the writ petition the entire unutilised earned
leave amounts, equivalent to 300 days amounting to
Rs.20,51,380/- has been paid to the petitioner through CFMS.
He next submitted that the necessary sanction order had already
been issued vide Memo No. 651(2) dated 23.06.2021 for
making payment of the admissible utilized earned leave and
thus there is no laches on the part of the respondent authorities.
Patna High Court CWJC No.1138 of 2021 dt.11-12-2023
6. Considering the limited grievance of the
petitioner for interest over the amount of earned leave, this
Court deems it proper to dispose of the writ petition with a
direction to the petitioner to file an appropriate representation
before the Additional Director, Health Services, Government of
Bihar, Patna along with the specific particulars showing laches
on the part of the respondent authorities in causing the delay in
making payment of earned leave.
7. In case such representation is filed, preferably
within a period of four weeks from today, the respondent-
Additional Director, Health Services, Government of Bihar,
Patna shall consider the same and pass a reasoned and speaking
order and if the petitioner is found entitled for statutory interest
over the delayed payment, the same shall be paid to him.
8. The writ petition stands disposed of with the
aforementioned direction and observation.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 13.12.2023
Transmission Date
