Jeev Nath Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16466 of 2017 ====================================================== Jeev Nath Choudhary, retired as Assistant Engineer, P.H.E.D., Madhubani, Son of resident of Village- Govindpur, Post- Laheriasarai, DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, P.H.E.D. Bihar, Patna.

3.

The Engineer In-chief, cum-Special Secretary, Primary Health Engineer, Department, Bihar, Patna.

4.

The Executive Engineer, Primary Health Engineering Department, Madhubani.

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

For the Petitioner/s :

Mr. Ratan Kumar Kumar, Advocate For the State :

Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-06-2020 The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

2. Heard Mr. Ratan Kumar Kumar, learned counsel for the petitioner and Mr. Upendra Pratap Singh, learned AC to SC 4 for the State.

3. The petitioner has moved the Court for the following reliefs:

"That, this writ petition is being filed for direction or order to the respondents to pay the dues amount of retirement or A.C.P. dues to the tune of Rs. 245000/- (Two lakh forty five thousand) which was deducted by the Department in contrary

Patna High Court CWJC No.16466 of 2017 dt.17-06-2020 2/3 to the Hon'ble High Court order and no dues certificate by issuing an appropriate writ or order."

4. At the very outset, learned counsel for the State submitted that as per his instructions, all dues of the petitioner have been paid and only claim of MACP remains. However, it was submitted that since certain dues are shown outstanding against the petitioner, the authorities have written letter to him asking him to come and reconcile the same.

5. Upon such stand, learned counsel for the petitioner submitted that the matter be disposed off with liberty to the petitioner to file a detailed representation, which may be considered.

6. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation before the Executive Engineer, PHED, Madhubani, raising all his grievances and also explaining his stand with regard to the dues which have been found to be outstanding in his name. If such a representation is filed within two months from today, the officer concerned shall get the matter looked into and shall also give the petitioner an opportunity of personal hearing with regard to any dues which may be shown outstanding in his name and thereafter

Patna High Court CWJC No.16466 of 2017 dt.17-06-2020 3/3 pass a reasoned order, within four weeks from the date of filing of such representation.

7. If anything is found further due and payable to the petitioner, the same shall also be paid to him within four weeks from the passing of the order.

(Ahsanuddin Amanullah, J.) P.Kumar/Anand Kr.

AFR/NAFR U T