Arvind Kumar Jha vs The State Of Bihar
2024 Latest Caselaw 342 Patna

Patna High Court

Arvind Kumar Jha 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.15640 of 2023
     ======================================================
     Arvind Kumar Jha, S/o Late Nathuni Jha, Resident of Village- Bisnathpur,
     P.S.- Dumra, District- Sitamarhi.

                                                                    ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2.   Secretary, General Administration Department, New Secretariat, Patna.
3.   Divisional Commissioner, Tirhut Division, Muzaffarpur.
4.   District Magistrate, Sitamarhi.
5.   Sub-Divisional Officer, Sitamarhi.
6.   District Provident Fund Officer, Sitamarhi.
7.   The Accountant General, Bihar, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s       :      Mr. Shanti Bhushan Singh, Advocate
     For the Respondent/s       :      Mr. Sheo Shankar Prasad, SC- 8
                                       Mr. Anil Kumar, AC to SC-8
     For the Accountant General :      Mr. Binod Kumar Labh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 12-01-2024

Heard the parties.

2. It is submitted on behalf of the respondent State

authorities by referring to the averments made in the counter

affidavit, filed on behalf of respondent no. 5, that after death of

the father of the petitioner, the amount of salary equivalent to

unutilized leave to the tune of Rs.1,83,440/-, and the amount

under the Group Insurance Scheme to the tune of Rs.96,730/-

had already been paid in the year 2015 itself. Patna High Court CWJC No.15640 of 2023 dt.12-01-2024

3. Further, on the basis of the affidavits submitted

by all the legal heirs, including the petitioner, the authority slip

has already been issued by the District Provident Fund Officer,

Sitamarhi and, the amount deposited in the GPF account of late

employee to the tune of Rs.5,36,738/- and has been distributed

among all the five legal heirs, equally.

4. So far the gratuity is concerned, the sanction

order has already been sent to the office of the Accountant

General, Bihar, Patna vide letter no. 1218 dated 14.12.2023, the

copy of which has been annexed as Annexure- K.

5. However, at this stage, learned counsel for the

petitioner submits that despite necessary sanction order, the

amount has not been credited in the account of the petitioner

and other legal heirs.

6. Considering the submissions advanced on behalf

of the parties and the averments made in the counter affidavit,

the present writ petition stands disposed of with a direction to

respondent no. 7 to ensure issuance of necessary authority letter

preferably within a period of three weeks from the date of

receipt/production of a copy of this order and thereafter the

concerned respondent will ensure payment of the same within a

further period of three weeks.

Patna High Court CWJC No.15640 of 2023 dt.12-01-2024

7. This disposes the writ petition.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
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Uploading Date          15.01.2024
Transmission Date       NA