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Patna High CourtCWJC/1924/2023disposed

Nilmani Tiwary v. The State Of Bihar

2023-07-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1924 of 2023 ====================================================== Nilmani Tiwary, Son of Late Gopal Pati Tiwary Resident of Mohalla- Khabra, Kiratpur Gurdas, P.O.- Khabra, P.S.- Muzaffarpur Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Government of Bihar, Patna. 3.

The District Education Officer, Gopalganj, District- Gopalganj. 4.

The District Programming Officer, Establishment, Gopalganj, DistrictGopalganj. 5.

The Principal Accountant General (A and E), Bihar, Birchand Patel Marg, Patna.

6.

The Headmaster of Dr. Rajendra Prasad High School, Hathwa, DistrictGopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pandit Jee Pandey, Advocate Mr. Nawnit Kumar Tiwary, Advocate For the State :

Mr. Jitendra Kr. Roy 1 (SC-13) Mr. Hitesh Kumar, AC to SC-13 For the AG :

Mr. Vivekananad Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-07-2023 Heard Mr. Pandit Jee Pandey, learned counsel along with Mr. Nawnit Kumar Tiwary, learned counsel appearing on behalf of the petitioner; Mr. Jitendra Kumar Roy1, learned SC-13 along with Mr. Hitesh Kumar, learned AC to SC-13 appearing on behalf of the State and Mr. Vivekanand Kumar, learned counsel appearing on behalf of the Accountant General.

Patna High Court CWJC No.1924 of 2023 dt.11-07-2023 2/3

2. Learned counsel appearing on behalf of the petitioner informs this Court that payments have been made, however, the dues regarding different heads on which account the said fact has not been disclosed by the respondents. The petitioner seeks to file representation for ascertaining as to whether on any head of retiral benefit is/are required to be paid along with statutory interest till the date of payment.

3. Considering the submission made on behalf of the petitioner, the Director Secondary Education, Government of Bihar must ensure to provide all the detailed statement relating to the different heads for which payments have been made and must also verify from the record so made available by the District Programme Officer, Establishment, Gopalganj and the District Education Officer, Gopalganj that any dues are still required to be paid to the petitioner, the same be paid to the petitioner within a period of six weeks of the communication of this order with statutory interest till the date of payment.

4. The State Counsel has agreed to communicate this order to the Director Secondary Education, Bihar.

5. The Director Secondary Education, Bihar if finds that it is proper to notice the District Education Officer, Gopalganj and the District Programme Officer, Establishment

Patna High Court CWJC No.1924 of 2023 dt.11-07-2023 3/3 and in case fresh representation is required, such steps must be taken within the period of one week from the date of communication of this order.

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

(Purnendu Singh, J) Manish/- Minu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.07.2023 Transmission Date NA