Ram Chandra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1439 of 2025 ====================================================== Ram Chandra Chaudhary Son of Late Shiv Balak Chaudhary Resident of Village-Bishunpura P.O.- Jagdishpur Kothi, P.S. Nautan District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar thruogh the Principal Secretary, Rural Works Department, Government of Bihar, Visvesvaraya Bhawan, Patna. 2.

The Engineering in Chief, Rural Works Department, Government of Bihar, Visvesvaraya Bhawan Patna.

3.

The Chief Engineer-I, Rural Works Department, Government of Bihar, Visvesraraya Bhawan Patna.

4.

The Superintendent Engineer, Rural Works Department, Rohtas Circle at Sasaram, District-Rohtas.

5.

The Executive Engineer, Rural Works Department, Vikramganj Works Division, District-Rohtas.

6.

The Executive Engineer Rural Works Department, Danapur Works Division, District-Patna.

7.

The Principal Accounted General, Govt. of Bihar, R Block, Virchandra Patel Marg, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the State :

Mr. Madanjeet Kumar, GP-20 For the A.G.

:

Mr. Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar.

2. The instant writ application has been filed for commanding the respondents to pay the retirement benefit i.e. revised pension, commutation of pension, leave encashment, arrear of salary, arrear of revision of Pay 7th CPC, arrear of

2/4 dearness allowance, arrear of dress allowance, and others its consequent benefits with interest within stipulated time as the petitioner retired in the year 2021 from the post of driver.

3. Learned counsel for the State submits that the pensionary benefits accrued to the petitioner on account of superannuation have already been paid to him. In support of this submission, he has filed a counter affidavit, in which it has been stated that the petitioner has been authorized his pension and gratuity amount vide PPO No. 202211031252 PO and 202211031252 GO, issued by the office of the Accountant General (A & E), Bihar. It is further submitted that vide office order bearing No.21 dated 24.02.2022 read with memo No.263 dated 24.02.2022 and office order no.175 dated 12.07.2021, Memo No.1054, issued under the signature of the Executive Engineer, Rural Works Department, Works DivisionBikramganj (Rohtas) the authorized amount of GPF amounting to Rs.5,84,335/- and Rs.

2,27,830/- has been sanctioned with approval to credit the said amount into the Bank account of the petitioner through CFMS. Further the amount of Group Insurance has been sanctioned by the Executive Engineer, Rural Works Department, Works Division- Bikramganj (Rohtas) vide office order No.646 dated 17.04.2021, read with Memo No.

3/4 dated 17.04.2021.

4. Learned counsel for the petitioner, however, submits that while the pensionary benefits have been paid, the grievance survives with respect to the revised salary and revised pension, which still needs to be adjudicated by the respondents. It is further submitted that the petitioner had earlier moved before this Court in C.W.J.C. No. 3009/2022, and this Court, vide order dated 02.12.2023, had directed the petitioner to make a representation before the authorities to get his grievances redressed. However, despite submission of such representation, no order is said to have been passed thereon.

5. In view of the reliefs sought by the petitioner, the petitioner is again directed to make a fresh representation before Respondent No. 2, and Respondent No. 2 shall be obliged to take a final decision in the matter by passing a reasoned and speaking order, within a period of four weeks from the date of filing of such representation

6. It is made clear that if such decision is not communicated to the petitioner within the aforesaid period, the petitioner shall be at liberty to file an Interlocutory Application in this case, upon which this writ application shall stand revived, and the Office is directed to list the matter for passing

4/4 appropriate orders.

7. With the aforesaid observations and directions, this writ application stands disposed of.

(Ajit Kumar, J) shikha/- U