Dr. Ramesh Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21528 of 2018 ====================================================== Dr. Ramesh Mishra, son of Late Praduman Mishra, resident of H.N. 309, Madhopur, P.S. Basudeopur, District- Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, New Secretariat, Patna.

2.

The Special Secretary, Health Department, New Secretariat, Patna. 3.

The Under Secretary, Health Department, New Secretariat, Patna. 4.

The Director, Deshi Chikitsa, Health Department, Government of Bihar, Patna.

5.

The District Indigilions Joint Medical Officer, Samastipur. 6.

The Commissioner, Darbhanga Division, Darbhanga. 7.

The District Officer, Samastipur.

8.

The Accountant General (A& E), Bihar, Patna.

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

For the Petitioner/s :

Mr.Kamal Kishore Jha, Advocate Mr. Raunak Kumar Singh 'Pankaj', Advocate For the Respondent/s :

Mr.Nagendra Prasad Yadav, SC-23 For the AG : Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

2. Petitioner took voluntary retirement on account of his ill health, which was accepted by the authorities and the petitioner was deemed to be voluntary retired with effect from 03.04.2018.

3. A counter affidavit has been filed wherein

Patna High Court CWJC No.21528 of 2018(4) dt.03-05-2019 2/2 Annexure-R/1 has been enclosed showing payment of arrears of group insurance, GPF, dynamic ACP from January 2009 to February 2015 and from March 2015 to August 2016 the arrears of ACP, which has been paid to the petitioner. However, learned counsel for the petitioner submits that leave encashment, pension and gratuity has not been paid to him till now.

4. Considering the submission of the parties, this writ application is disposed of with direction to Respondent No. 4, the Director, Indigenous Medicine, Health Department, Government of Bihar, Patna to ensure payment of remaining retiral benefits i.e. leave encashment, gratuity and arrears as well as monthly pension within a period of three months from the date of receipt/ production of copy of this order. (Nilu Agrawal, J) Rajesh/- U