Narrottam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4234 of 2020 ====================================================== Narrottam Kumar Singh, aged about 61 years, male, Son of late Tarni Prasad Singh, Resident of Village- Rasulpur, Police Station and Post Office- Patori, District- Samastipur, at residing at L.I.G. 78, Lohia Nagar, Kankarbagh, P.S. Kankarbagh, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the District Primary Education, Human Resources Development Department, Government of Bihar, Vikash Bhawan, New Secretariat, P.S. Sachiwalaya, District- Patna. 2.

The District Education Officer, Bhojpur, Vidyapati Bhawan, Block Road, P.S. Nawada, District- Bhojpur at Ara.

3.

The Block Education Officer, Agiaon, P.S. Chauri, District- Bhojpur at Ara. 4.

The Accountant General, Bihar Mahalekhakar Bhawan, Birchand Patel Path, P.S. Kotwali, District- Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Atul Chandra, Advocate For the Respondents :

Mr. Subhash Chandra Mishra (SC16) For Accountant General :

Mr. Shiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-09-2020 Heard Mr. Atul Chandra, learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the respondents.

Petitioner retired on 31.01.2019 on attaining the age of superannuation.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner was appointed as Assistant Teacher in the year 2012 and as such, he is covered by New Pension Scheme. Under New Pension Scheme, petitioner is entitled to the retiral benefit but even after retirement, benefit of

Patna High Court CWJC No.4234 of 2020(3) dt.01-09-2020 2/2 leave encashment, gratuity and Life Insurance has not been paid to the petitioner.

Learned counsel appearing on behalf of the State, on instructions, submits that after superannuation necessary documents of the petitioner have been forwarded to the Accountant General on 18.08.2020.

Considering the aforesaid, the writ petition is disposed with a direction to the respondents to ensure payment of legitimate due to the petitioner along with the detailed calculation chart within a maximum period of four months from the date of receipt/production of a copy of this order failing which the petitioner would be entitled to interest at the rate of 9% per annum from the date of his retirement i.e. 31.01.2019 till the date of actual payment. In the event, the claim of the petitioner for pensionary benefit has been unredressed, liberty shall be available to the petitioner to agitate before the appropriate forum in accordance with law.

With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U