Vishnu Deva Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6671 of 2021 ====================================================== Vishnu Deva Prasad, Male, aged about 61 years, son of Anuthi Mandal, resident of village- Chaparia, P.O. Singhaso, P.S. Bisfi Singhaso, District Madhubani, Bihar..

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Revenue, Government of Bihar, Patna.

3.

The Special Secretary, Department of Revenue, Government of Bihar, Patna.

4.

The District Magistrate, Darbhanga, District Darbhanga. 5.

The Additional Collector (Establishment), District- Darbhanga. 6.

The Accountant General, Bihar, Patna.

7.

The District Treasury Officer, Darbhanga, District Darbhanga. 8.

The Circle Officer, Block Singhawara, District Darbhanga. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr. Raj Kumar Mishra, Adv.

For the Responden/s :

Mr. Md. Khurshid Alam, AAG-12 For the Accountant General: Mr. Arun Kumar Arun, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing

situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed for directing the respondents to make payment of the retiral dues of the petitioner as also arrears of salary inasmuch as the same has not been paid in spite of the petitioner having retired on 31.1.2020 while working on the post of Revenue Karamchari, Anchal Dighwara, District Aurangabad. The learned counsel for the respondent State, Mr. Md. Khurshid Alam, AAG-12, has submitted, by referring to the counteraffidavit / supplementary counter- affidavit filed in the present case that except pension and gratuity, the entire retiral dues as also the outstanding amount of salary has stood paid to the petitioner and as far as pension and gratuity is concerned, request has already been made to the office of the Accountant General to issue the necessary P.P.O. / G.P.O. and in that regard all the necessary documents including the pension papers of the petitioner have also been sent to the office of the Accountant General.

The learned counsel for the petitioner, Shri Raj Kumar Mishra, does not dispute the aforesaid position as is existing on facts. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of, however, with a direction to the Principal Secretary, Revenue Department, Government of Bihar, Patna, the District Magistrate, Darbhanga and the Accountant General Bihar, Patna to ensure that the amount of pension including

its arrears as also the amount of gratuity is paid to the petitioner within a period of six weeks from today, failing which all the three authorities shall not draw their salary.

It is needless to state that the petitioner would be at liberty to file appropriate representation before the respondent State for payment of interest on the delayed payment of the retiral dues. (Mohit Kumar Shah, J) Tiwary/-