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Patna High CourtCWJC/15652/2018disposed

Jai Pukar Rai v. The State Of Bihar And ORS

2019-04-29Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15652 of 2018 ====================================================== Jai Pukar Rai S/o Late Pradumn Rai, R/o Mohalla- Maruti Nagar, H/o Bachchu Rajak, Near Baidyanath Ayurvedic Bhawan, Chiraiya Tand, P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Director, (Secondary Education), Buddha Marg, Patna. 5.

The Regional Dy. Director of Education, Patna Division, Patna. 6.

The District Education Officer, Patna.

7.

The District Programme Officer (Establishment), Patna. 8.

The General Provident Fund Officer, Patna.

9.

The Treasury Officer, Danapur, Patna.

10.

The Headmistress, Kasturba Gandhi Balika High School, Khagaul, Patna. 11.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Amarendra Kumar, Advocate For the State :

Mr. Vinay Kumar Mishra, AC to AAG-15 For the AG : Mr. Uday Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of Accountant General, Bihar, Patna.

2. Petitioner retired from the post of Assitant Teacher from Rajkiyakrit Kasturba Gandhi Balika High School, Khagaul, Patna with effect from 30.04.2018. In

Patna High Court CWJC No.15652 of 2018 dt.29-04-2019 2/3 the present writ application he has claimed payment of post retiral benefits and pension.

3. A counter affidavit has been filed on behalf of Respondent No. 6 stating therein that group insurance for an amount of Rs. 2,39,342=00 has already been paid on 03.05.2018 and GPF amounting to Rs. 15,77,797=00 has been paid on 16.07.2018. So far leave encashment is concerned, 41 days' break period was initially shown which has been resolved and now the petitioner is entitled to 300 days of earned leave, which has been sanctioned vide Memo No. 3252 dated 27.04.2019. Pension and gratuity papers have also been forwarded to the office of the Accountant General, Bihar, Patna vide letter No. 1513 dated 27.04.2019.

4. Considering the submissions of the parties, this writ application is disposed of with a direction to Respondent No. 6, the District Education Officer, Patna and Respondent No. 11, the Accountant General, Bihar, Patna to make payment of entire retiral dues including pension and leave encashment as well commutation of pension with statutory admissible interest within a period

Patna High Court CWJC No.15652 of 2018 dt.29-04-2019 3/3 of three months from the date of receipt/ production of a copy of this order.

(Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2019 Transmission Date NA