Surendra Pd. Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12928 of 2017 ====================================================== Surendra Pd. Choudhary son of Late Rajendra Prasad Choudhary, resident of Village- Chhoti Bhavnathpur, P.O.- Rannuchak Makandpur, P.S.- Akbarnagar, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Accountant General, Bihar, Patna.

3.

The Director General of Police, Bihar, Patna. 4.

The Deputy Inspector General of Police Eastern Range, Bhagalpur. 5.

The Superintendent of Police, Bhagalpur.

6.

The Superintendent of Police, Banka.

7.

The District Provident Fund Officer, Bhagalpur. 8.

The District Provident Fund Officer, Banka.

9.

The Treasury Officer, Bhagalpur.

10.

The Treasury Officer, Banka.

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

For the Petitioner/s :

Mrs.Pravina Kumari, Advocate For the Respondent/s :

Mr.Dhyrendra Kumar, AC to GP 5 For the AG :

Mr.Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-04-2023 Heard Mrs. Pravina Kumari, learned counsel appearing on behalf of the petitioner, Mr. Dhyrendra Kumar, learned AC to GP 5 appearing on behalf of the respondents and Mr. Arun Kumar Arun, learned counsel appearing for the Accountant General.

2. Learned counsel appearing on behalf of the petitioner, Mrs. Pravina Kumari, informs this Court that the amount of the provident fund and group insurance with statutory interest has

Patna High Court CWJC No.12928 of 2017 dt.07-04-2023 2/3 been paid to the petitioner and remaining claim of the petitioner is required to be redressed by the respondents.

3. Learned counsel further submits that the petitioner had rendered 18 years of unblemished service and for which he has been awarded with 69 medals.

4. Learned counsel appearing on behalf of the respondents has opposed the prayer for grant of any other retiral dues, as claimed by the petitioner. He further submits that against the order of dismissal of the petitioner from police service, he had preferred a writ petition before this Court bearing CWJC No.15370 of 2004, which was dismissed, vide order dated 27.03.2008 and thereafter being aggrieved by the said order, he filed LPA No.382 of 2008, which was also dismissed and the order of the learned Single Judge was affirmed, vide order dated 10.7.2008. He submits that present writ petition is not maintenable for similar relief.

5. Considering the rival submissions of the parties, this Court finds that the petitioner rendered his services for 18 years and keeping in view the unblemished service record of the petitioner during his service career, he was awarded with 69 medals. The petitioner had represented before the appropriate

Patna High Court CWJC No.12928 of 2017 dt.07-04-2023 3/3 authority for payment on account of leave encashment, which has not been forfeited by the disciplinary authority.

6. The petitioner may file a detailed representation before the concerned authority/respondent and the concerned authority/respondent is directed to dispose of the representation of the petitioner within a period of three months from the date of its filing.

7. With the above observation, this writ petition is disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR NAFR CAV DATE 07.04.2023 Uploading Date 11.04.2023 Transmission Date 11.04.2023