Murlidhar Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 18200 of 2017 ====================================================== Murlidhar Thakur, Son of late Akshay Kant Thakur Resident of VillageTalwara, Police Station Sanhaula, District- Bhagalpur ... Petitioner

Versus

1.

The State Of Bihar 2.

The Collector, Banka 3.

The Block Development Officer, Shambhuganj Block, District Banka 4.

The Treasury Officer, Banka 5.

The Accountant General, Birchand Patel Path, Patna ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Rajib Ranjan Jha, Adv.

For the State :

Miss Rashmi Bharti, AC to SC XXI For the AG :

Mr. S.M. Ehtesham, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 3 15-04-2019 Heard the learned counsel for the petitioner and the learned counsels appearing for the State as well as the Accountant General, Bihar, Patna.

A counter affidavit has been filed on behalf of respondents 2 to 4 as well as the supplementary counter affidavit has been filed on behalf of the Accountant General.

In the counter affidavit, filed on behalf of the State, at Annexure 'A', a sum of Rs.12,65,316/- is the retiral benefits as calculated. Annexure 'B' is the Pension Payment Order issued by the Accountant General fixing Rs.9,075/- as pension from 1st of January, 2016, and gratuity of Rs.57, 6361/-.

The learned counsel for the petitioner submits that the pension has not been calculated on the time bond promotion granted to the

Patna High Court CWJC No. 18200 of 2017(3) dt.15-04-2019 2/2 petitioner with effect from 09.08.1999 as well as dues of salary, which was a consequence of the said time bond promotion. Considering the statement, made in the counter affidavit filed by the State and the supplementary counter affidavit, filed by the Accountant General as well as the claim of the petitioner, the petitioner is directed to file a detailed representation of the remaining dues before the respondent no. 3, the Block Development Officer, Shambhuganj, Banka, which will be disposed of within a period of three months from the date of filing of such representation. Any amount, due to the petitioner along with the admissible interest, would be paid within one month thereafter. If certain amounts are inadmissible, the same shall be communicated to the petitioner by speaking order sent through registered post.

The writ application is disposed off, accordingly. (Nilu Agrawal, J) Shamshad/- U