Patna High Court
Bhikhari Prasad vs The State Of Bihar on 12 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15483 of 2023
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Bhikhari Prasad, Son of Late Gaya Prasad, Resident of Village and P.O.-
Garhani, P.S.- Charpokhri, District- Bhojpur, Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Water Resources
Department, Govt. of Bihar, Patna.
2. The Secretary, Water Resources Department, Govt. of Bihar, Patna.
3. The Secretary, Rural Works Department, Govt. of Bihar, Patna.
4. The Deputy Secretary, Management, Water Resources Department, Govt. of
Bihar, Patna.
5. The Chief Engineer, Irrigation Creation, Water Resources Department,
Motihari.
6. The Superintending Engieer, Tirhut Canal Circle, Ratwara, Muzaffarpur.
7. The Executive Engineer, Tirhut Canal Division, Motipur Camp,
Muzaffarpur.
8. The District Provident Fund Officer, Muzaffarpur, District- Muzaffarpur.
9. The Executive Engineer, Rural Works Department, Works Division, Dehri.
10. The In-Charge Officer, Finance (P.C.F.C.), Govt. of Bihar, Patna.
11. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Siya Ram Shahi, Adv.
Ms. Shally Kumari, Adv.
For the State : Mr. Sriram Krishna, AC to SC-11
For the AG, Bihar : Ms. Ritika Rani, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 12-01-2024
Heard Mr. Siya Ram Shahi, learned counsel along
Patna High Court CWJC No.15483 of 2023 dt.12-01-2024
with Ms. Shally Kumari, learned counsels for the petitioner; Mr.
Sriram Krishna, learned counsel for the State and Ms. Ritika
Rani, learned counsel for the Accountant General, Bihar.
2. The petitioner, who superannuated on 28.02.2017
from the post of Assistant Engineer, has filed the present writ
petition, seeking a direction upon the respondents to ensure
payment of all his retiral benefits, including pension, gratuity,
G.P.F. and un-utilized leave encashment along with statutory
interest.
3. A counter affidavit has been filed on behalf of the
respondents no. 1, 2 4 and 5 to 7, with categorical averments
that so far the pension and gratuity are concerned, the
sanctioned letter has already been sent to the Accountant
General, Bihar for issuance of necessary authority letter.
4. At this stage, it has been informed to this Court by
the learned counsel representing the Accountant General that
necessary pension payment order has already been issued in this
regard on 06.12.2023 itself.
5. Learned counsel for the State further submitted that
so far the leave encashment is concerned, the same has already
been paid to the petitioner. Further the Chief Engineer, Irrigation
Creation, Water Resources Department, Motihari, has also
Patna High Court CWJC No.15483 of 2023 dt.12-01-2024
forwarded the application of the petitioner for final withdrawal
of his GPF amount (Form BTC-56) to the District Provident
Fund Officer, Muzaffarpur vide letter no. 2818 dated 05.12.2023
for the needful and the admissible GPF amount shall be paid to
the petitioner within a short span of time.
6. At this juncture, Mr. Shahi, learned counsel for the
petitioner, submitted that though substantive amount has been
paid to the petitioner but still the petitioner has other pre-retiral
dues, which have not been accorded to him.
7. In view of the submissions advanced on behalf of
the parties, the present writ petition stands disposed of with a
direction to the respondent no.8, the District Provident Fund
Officer, Muzaffarpur, to ensure payment of all the admissible
GPF amount along with the statutory interest, preferably within
a period of eight weeks from the date of receipt/production of a
copy of this order.
8. So far the other grievance of the petitioner is
concerned, the petitioner is at liberty to file a fresh
representation before the competent authority, preferably within
a period of four weeks from today, who shall consider the same
and disposed of by a reasoned and speaking order within a
further period of eight weeks.
Patna High Court CWJC No.15483 of 2023 dt.12-01-2024
9. Needless to observe that any amount, admissible to
the petitioner shall be paid to him within the stipulated period.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15-01-2024
Transmission Date
