Kuldeep Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5315 of 2021 ====================================================== Kuldeep Sahu, Son of Late Mathura Sao, Resident of village- Chianki, Vijay Nagar, P.O.- Chiyanki, P.S.- Daltenganj, District- Palamu, (Jharkhand), At present address Mohalla- Krishna Vihar Colony, P.O.- Anishabad, P.S.- Gardanibagh, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Accountant General Bihar, Patna 3.
The Secretary, Home Department, Bihar, Patna 4.
The I.G. Prison, Bihar, Patna 5.
The Superintendent Central Jail, Purnea 6.
The Divisional Jail Katihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Verma, Advocate For the Respondent/s :
Mr. Saroj Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-07-2024 Heard Mr. Umesh Kumar Verma, learned Advocate for the petitioner and Mr. Saroj Sharma, learned Government Advocate.
2. The petitioner who superannuated on 31.01.2020 from the post of Senior Warder in Sub-Divisional Jail, Katihar has filed the present writ petition seeking a direction upon the respondents to ensure payment of all his admissible post retiral benefits.
3. Learned Advocate for the petitioner fairly contended that during the pendency of the writ petition all the
2/4 admissible retiral dues of the petitioner has been paid. However despite the petitioner's superannuation in the year 2020, till date the petitioner has not been paid his Travelling Allowance and House Rent Allowance.
4. It is further contended that the petitioner has never been provided any accommodation for the period with effect from 25.07.2018 to 31.01.2020 and, as such, in any view of the matter the petitioner is entitled for the House Rent Allowance; despite the application/representation filed by the petitioner, the same has not been paid.
5. Counter affidavit as well as supplementary counter affidavit has been filed on behalf of respondent no. 3 to 6. At the outset, learned Advocate for the State submitted that the petitioner has already been accorded his post retiral benefits as well as the benefit under the Assured Career Progression scheme.
6. So far the Travelling Allowance bills are concerned, it is contended that all the Travelling Allowance bills, which the petitioner has submitted in requisite performa, were paid. Only those Travelling Allowance bills which have not been submitted in appropriate form, were not paid to him. It is also the contention of the State that the petitioner is not entitled for
3/4 House Rent Allowance.
7. At this juncture, learned Advocate for the petitioner submitted that the petitioner has already submitted all the Travelling Allowance bills before the Superintendent, Divisional Jail, Katihar in requisite performa but no order has been passed in this regard.
8. Considering the limited grievance of the petitioner this Court deems it proper to dispose of the writ petition with a direction to the petitioner to submit his Travelling Allowance bills alongwith other necessary documents in a requisite performa before the I.G. Prison, Bihar, Patna preferably within a period of 4 weeks from today.
9. In case of filing of Travelling Allowance bills, as noted hereinabove, the I.G. Prison, Bihar, Patna shall consider the same and pass necessary order. If the claim of the petitioner finds favour, necessary payment shall be made.
10. The I.G. Prison, Bihar, Patna is also directed to consider the claim of the petitioner for House Rent Allowance for the period from 25.07.2018 to 31.01.2020, during which period the petitioner has neither been provided any official accommodation nor he has been paid the House Rent Allowance.
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11. It is expected that both the claim shall be considered and disposed of within the stipulated period.
12. With the aforesaid observation and direction the present writ petition stands disposed of.
(Harish Kumar, J) supratim/- U