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Patna High CourtCWJC/1497/2023disposed

Yogendra Prasad Singh v. The State Of Bihar

2023-08-01Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1497 of 2023 ====================================================== Yogendra Prasad Singh Son of Shri Sharda Nand Sharma Resident of VillageDariyapur, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Road Construction, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Road Construction, Government of Bihar, Patna.

3.

The Additional Secretary, Department of Road Construction, Government of Bihar, Patna.

4.

The Deputy Secretary, Department of Road Construction, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Satyam Shivam Sundaram, Advocate For the Respondent/s :

Mr. Mahtab Alam, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 01-08-2023 Heard Mr. Satyam Shivam Sundaram, learned counsel appearing on behalf of the petitioner and Mr. Mahtab Alam, learned AC to SC20 for the State.

2. Learned counsel appearing on behalf of petitioner submits that substantial amount on account of retiral dues has been paid to the petitioner. However, on account of delayed payment as well as interest on group insurance, he seeks permission to file a detailed representation before the competent authority. Learned counsel for the petitioner further submits that on the date of superannuation of the petitioner no departmental proceeding was pending against him and he was

Patna High Court CWJC No.1497 of 2023 dt.01-08-2023 2/2 given No Dues Certificate from the concerned department by his Controlling Officer. The records revels that the pension of the petitioner was required to be fixed in the year 2021. However, the actual payments have been made in the year 2023.

3. Learned counsel appearing on behalf of State submits that petitioner is not entitled for any interest as he was facing a proceeding under Rule 43 (b) of the Bihar Pension Rules.

4. Having considered the rival submission made by the parties, the petitioner, if so advised, may file a detailed representation before the Additional Chief Secretary, Department of Road Construction, Government of Bihar, Patna, who will ensure to make payment of statutory interest on account of delayed payment on different heads within a period of six weeks.

5. With the above observations and directions, the writ petition stands disposed of.

(Purnendu Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2023 Transmission Date