Mandan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23581 of 2018 ====================================================== Mandan Mishra S/o Shobha Kant Mishra R/o Village-Kasraur Basauli, P.O.- Kasraur, P.S.-Ghanshyampur, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Panchayati Raj Dept. 2.

The Principal Secretary, Panchayat Raj Department, Govt. of Bihar, Secretariat, Patna.

3.

The Principal Secretary, Rural Development Department Govt. of Bihar, Secretariat, Patna.

4.

The Director Panchayat Raj Department, Govt. of Bihar, Secretariat, Patna. 5.

The District Panchayat raj Officer, Muzaffarpur, District-Muzaffarpur 6.

The District Magistrate Muzaffarpur, District-Muzaffarpur 7.

The Principal Mukhiya Sarpanch Training Institute, Tirhut Division, Muzaffarpur, District-Muzaffarpur.

8.

The District Provident Fund Officer Muzaffarpur, District-Muzaffarpur 9.

The Chief Administration, Bihar State Food and Civil Supply Corporation Ltd., Head Quarter, Patna, Daroga Prasad Rai Road, District-Patna. 10.

The Managing Director Bihar State Food and Civil Supply Corporation Ltd., Head Quarter, Patna, Daroga Prasad Rai Road, District-Patna. 11.

The District Manager, Bihar State Food and Civil Supply Corporation Ltd. Sasaram, District-Sasaram.

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

For the Petitioner/s :

Mr.Ashutosh Singh, Advocate For the State :

Mr.Satya Varat, AC to GP-10 For BSFC Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 24-09-2020 Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition-- "(i) For directing the respondent to

Patna High Court CWJC No.23581 of 2018 dt.24-09-2020 2/3 pay the pension of the petitioner with all retirement dues i.e. Pension, G.P.F., Revised Gratuity after fixation of pay as per letter No. 8892 dated 14.11.2017 issued by the Finance Department Govt. of Bihar with all other admitted dues of the petitioner, as provided under law.

(ii) For grant of any other relief(s) for which the petitioner may be found entitled thereto."

3. Learned counsel for the petitioner at the very outset, accepts that the retiral dues of the petitioner have now been received during the pendency of the writ petition, save and except the deputation allowance.

4. Learned counsel for the State as well as learned counsel for the respondent-BSFC appear and have been heard.

5. Having regard to the stand of the petitioner, the writ petition is disposed of, granting liberty to him to file an appropriate representation before the District Panchayat Raj Officer, Muzaffarpur (respondent no.5) for redressal of his grievance with respect to his claim for deputation allowance. If any such representation is filed within a period of two weeks from today, the same shall be disposed of within a further period of eight weeks thereafter on its own merits in accordance with

Patna High Court CWJC No.23581 of 2018 dt.24-09-2020 3/3 law after grant of an opportunity of hearing to the petitioner. Payment to the extent found due to the petitioner upon determination shall be made without delay. In case the petitioner's claim is found inadmissible, whether in whole or in part, the petitioner's representation shall be disposed of by a speaking order in that regard.

6. It is also made clear that in view of the ongoing Covid19 pandemic, any correspondence between the parties may be made through e-mail and that the petitioner shall be at liberty to request the concerned authority for hearing through video conference. For this purpose, the petitioner shall furnish his mobile number and e-mail ID to the concerned authority in the representation permitted to be filed as aforesaid. (Vikash Jain, J) HR/-Ibrar AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.09.2020 Transmission Date N/A