Patna High Court
Nawal Kishor Jha vs The State Of Bihar on 8 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16005 of 2022
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Nawal Kishor Jha, Son of Late Parshuram Jha, Resident of Village- Laxmipur,
P.S.- Belsand, District- Sitamarhi and at present Resident of Indu Bhawan,
Road No. 10, Kankadbag, P.S.- Kankadbag, District- Patna (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Director, Secondary Education, Bihar, Patna.
3. The Director, Library and Information Centre Directorate, Sinha Library
Campus, Budh Marg, Patna.
4. The Accountant General, Bihar, Patna.
5. Shankaranand, Incharge, Establishment, Office of the Director, Library and
Information, Sinha Library Campus, Budh Marg, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Pandey, Advocate
For the Respondent/s : Mr. Subhash Chandra Mishra, SC-16
Mr. Madhukar Mishra, AC to SC-16
For the Accountant General : Mr. Binod Kumar Labh, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 08-01-2024
Heard Mr. Vijay Kumar Pandey, learned counsel for
the petitioner and Mr. Madhukar Mishra, learned counsel for the
State. The Accountant General, Bihar is represented by Mr.
Binod Kumar Labh, learned counsel.
2. The petitioner by filing the present writ petition
under Article 226 of the Constitution of India seeking a
direction upon the respondents to ensure payment of his left
over retirement benefits consequent to his retirement on
30.11.2021
from the post of Attendant, office of Directorate of
Patna High Court CWJC No.16005 of 2022 dt.08-01-2024
Library and Information Centre, Sinha Library Campus, Patna,
as also for a direction to the respondents to send pension paper
and service book of the petitioner to the office of Accountant
General, Bihar, Patna by fixing the last pay of the petitioner as
46,100/-, in place of 40,600/-, on 30.11.2021.
3. A counter affidavit has been filed on behalf of
respondent no.3.
4. It is submitted that considering the claim of the
petitioner his pension and other retiral benefit is duly
determined and vide letter no. 855 dated 17.12.2022 it has been
sent to the office of the Accountant General, Bihar, Patna and
the pension was being paid to the petitioner. Further on a request
made by the petitioner for correction of his last pay on account
of his date of his appointment, the Director Secondary
Education, Government of Bihar vide letter no. 2008 dated
16.08.2023 has approved for grant of 1st, 2nd and 3rd ACP/MACP
considering his date of appointment as 13.02.1985 and
consequent thereto direction has been given for determination of
pay and retirement benefits.
5. Further submission has been made that apart
from correction of the date of appointment as well as grant of 3 rd
ACP/MACP to the petitioner on the basis of his date of
Patna High Court CWJC No.16005 of 2022 dt.08-01-2024
appointment as 13.02.1985, his last pay has also fixed as
Rs.46,100/-. Consequently, the service book of the petitioner as
well as relevant documents have also been sent to the District
Account Officer, Patna for processing and payment of the dues
and retirement benefits to the petitioner.
6. Considering the averments made in the counter
affidavit filed on behalf of respondent no.3, the present writ
petition stands disposed of with a direction to the respondent
nos. 3 and 4 to ensure payment of all the admissible dues in the
light of letter no. 537 dated 09.09.2023, preferably within a
period of eight weeks' from the date of receipt/production of a
copy of this order.
7. This disposes the writ petition.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.01.2024.
Transmission Date NA
