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Patna High CourtCWJC/3672/2020disposed

Ramchandra Mahto v. The State Of Bihar

2023-07-04Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3672 of 2020 ====================================================== Ramchandra Mahto, Son of late Ram Sahay Mahto, Resident of Ward No. 4, Bariyarpur West P.S. Khodawandpur, District- Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Patna.

2.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

The Accountant General, Bihar, Patna.

4.

The Education Officer, Begusarai.

... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arbind Kumar, AC to G.P.17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 04-07-2023 Heard Mr. Madhav Kumar, learned counsel appearing on behalf of the petitioner and Mr. Arbind Kumar, learned AC to G.P.17 for the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that vide Memo No. 716, dated 20.08.2020, the claim of the petitioner has been rejected without giving him an opportunity of hearing for placing his case.

3. Learned counsel appearing on behalf of the State submits that the petitioner was informed through the District Programme Officer that the date for hearing was fixed on 17.08.2020. The petitioner despite being given prior notice of

Patna High Court CWJC No.3672 of 2020 dt.04-07-2023 2/3 hearing declined to appear before the Additional Chief Secretary Education Department, Government of Bihar. A reasoned order has been passed on the basis of materials available on record rejecting the claim of the petitioner.

4. Considering the fact that petitioner was not represented, which laid him to face penal consequences, this Court finds that a fresh opportunity of hearing be given to the petitioner to place his case. The petitioner is a retired employee and has claimed for pensionary benefit on account of revised pension.

5. Considering the aforesaid fact the order contained in Memo No. 716, dated 20.08.2020 is hereby set aside.

6. The petitioner is directed to file his detail representation along with all the relevant documents, including the case laws on which he wants to rely upon in support of his claim within a period of two weeks, not beyond 19.07.2023, before the Additional Chief Secretary Education Department, Government of Bihar.

7. The Additional Chief Secretary Education Department, Government of Bihar must fix any convenient date of hearing on or before 03.08.2023 and pass a reasoned order

Patna High Court CWJC No.3672 of 2020 dt.04-07-2023 3/3 after affording proper hearing to the petitioner, material available on record and the law laid down by this Hon'ble Court and the Hon'ble Supreme Court.

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

(Purnendu Singh, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.07.2023 Transmission Date