Patna High Court
Awadh Bihari Prasad vs The State Of Bihar And Ors on 18 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22214 of 2018
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Awadh Bihari Prasad Son of Late Yugal Kishor Prasad R/O- Godawari Post -
Chand Chaura, Bhairo Asthan Mandir, P.s. Rampur, Pin- 823001, Distt. Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Block Development Officer, Mohanpur, P.s. Mohanpur, Distt. Gaya
3. The Block Development Officer, AMAS P.s. Amas, Distt. Gaya.
4. The Circle Officer, Amas Block P.s. Amas, Distt. Gaya
5. The block Development Officer Wazirganj P.s. - Wazirganj, Distt. Gaya.
6. The Block Development Officer, Paraiaya P.s. Paraiaya, Distt. Gaya.
7. The District Magistrate, Gaya, Collectorate Building, Gaya. 823001
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rohit Tripathi, Advocate
For the Respondent/s : Mr. Wasi Ahmad Khan, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 18-05-2023
Heard Mr. Rohit Tripathi, learned Advocate for the
petitioner and Mr. Wasi Ahmad Khan for the State.
This writ petition has been filed seeking a
direction to the respondents to forward the last pay
certificate of the petitioner, consequent to his transfer
from Wajirganj Block to Parayia Block way back in the year
2008 and transfer from Amas Block to Mohanpur Block in
the year 2017, as also for a direction to make payments of
salary due as well as all the financial benefits which may
Patna High Court CWJC No.22214 of 2018 dt.18-05-2023
have accrued to the petitioner including the second and the
third ACP, without any delay.
There is a further prayer in the writ petition of
seeking salary for the period from September, 2008 to
June, 2009 and from July, 2017 till the last working day
and all consequent benefits which may have accrued to
him during this period.
It appears that most of the dues of the petitioner
have been paid. From the consolidated counter affidavit
filed on behalf of the State, it further appears that the
petitioner has been paid the arrears of salary as also his
Group Insurance.
However, since the petitioner was absent for
three months continuously without any information to his
employer, the salary for the aforenoted period has not
been paid to him.
Pension of the petitioner has not been fixed only
for the reason of the petitioner not having furnished
necessary details for the pension to be fixed despite
Patna High Court CWJC No.22214 of 2018 dt.18-05-2023
repeated reminders, the details of which have been
provided in the counter affidavit.
The petitioner appears to have sent the
documents demanded of him by post, which otherwise
would have served the purpose but for the necessity of
obtaining specimen signature, without which, No Dues
Certificate cannot be issued in favour of the petitioner.
The counter affidavit further indicates that certain
documents which ought to have returned by the petitioner
on his demitting the office have been held back by him.
Even the original Khatiyan and the Demand-Registers,
according to the counter affidavit, have not been returned
by him.
This is definitely a serious matter which disentitles
the petitioner, if the allegations are proved, to get any
relief from this Court.
However, Mr. Tripathi submits that according to
his instructions, all the documents especially the Title
documents about which there is reference in the counter
Patna High Court CWJC No.22214 of 2018 dt.18-05-2023
affidavit, have been returned in the office and the only
reason for non-deposit of such documents within time was
his heart ailment.
Under the aforesaid circumstances, this Court
deems it appropriate to direct that in case the petitioner
appears before the District Magistrate, Gaya with all the
documents in his possession and the necessary documents
which would be required for fixing his pension within a
period of four weeks of passing of this order, the District
Magistrate, Gaya shall have it accepted through the
concerned officer and shall direct for payment of the
genuine dues of the petitioner but not without ascertaining
whether any Title document of third party has been held
back by him.
In case it is found that any of the Title documents
have not been returned by the petitioner in his capacity as
having served as Revenue Officer, necessary consequential
action shall be taken against him.
Patna High Court CWJC No.22214 of 2018 dt.18-05-2023
With the aforesaid direction/observation, the writ
petition stands disposed of accordingly.
(Ashutosh Kumar, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.05.2023
Transmission Date na
