Lakshman Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12302 of 2014 ====================================================== Lakshman Sharma Son of Late Kavalavash Sharma Resident of M/S Rohtas Medical Hall, P.O.- Kagaul, P.S- Khagaul, district- Patna Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Chief Secretary, Government of Bihar, Old Secretariate, Patna- 800001. 3.

The Commissioner- cum- Secretary, Department of General Administration, Government of Bihar, Old Se 4.

The Commissioner- cum- Secretary, Department of Finance, Government of Bihar, Old Secretariate, Pat 5.

The Chairman- cum- Member, Board of Revenue Government of Bihar, Old Secretariate, Patna- 800001.

6.

The Secretary, Board of Revenue, Government of Bihar, Old Secretariate, Patna- 800001.

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Respondent/s :

Mr.Ga8-Sandeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 01-04-2019 After serving the respondents for his entire service tenure, petitioner has superannuated from the post of Personal Secretary to the Chairman-cum-Member, Board of Revenue, Bihar Patna. The salary of the petitioner, after taking into account the various revisions and his entitlement was to be determined as per order dated 12.04.2012 bearing memo no. 5399 issued by the General Administrative Department, Government of Bihar. Prior to such fixation petitioner had already retired in the year 2009. In spite of the said decision of the General Administration

Patna High Court CWJC No.12302 of 2014 dt.01-04-2019 2/3 Department the dues and entitlement of the petitioner have not been paid as per the decision dated 12.04.2012. The General Administrative Department has also written to the Secretary, Board of Revenue, Government of Bihar under communication dated 26.08.2014 to expedite the process for ascertaining the amount of entitlement to the petitioner and making payment as the said issues have been raised by the petitioner in the instant proceedings. Accordingly, the Board of Revenue has been requested to place on record steps taken in this regard by filing affidavit in this proceeding. No affidavit has been filed. Till date there is nothing on record to show that the arrears difference arising out of fixation of the General Administrative Department dated 12.04.

2012 have been determined/paid to the petitioner. Since the decision has already been taken on 12.04.2012, this Court does not consider it necessary to keep the instant writ petition pending. The respondent no. 6 is therefore, directed to ensure that the entitlement of the petitioner is determined as per fixation done on 12.04.2012 and due and admissible amount arising out of arrears difference, if any be paid to the petitioner. The entire exercise should be completed within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.12302 of 2014 dt.01-04-2019 3/3 Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date