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Patna High CourtCWJC/5791/2021disposed

Kameshwar Prasad Singh v. The State Of Bihar

2021-08-27Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5791 of 2021 ====================================================== Kameshwar Prasad Singh son of Fuleshwar Singh resident of village- Pato Bilahi, Singhia, P.S.- Singhia, District- Samastipur ... ... Petitioner/s

Versus

1.

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

2.

The District Programme Officer, Establishment, Samastipur. 3.

The District Education Officer, Samastipur.

4.

Block Education Officer, Singhia Block District- Samastipur 5.

The B.D.O-Cum- Headmaster, Middle School, Singhia, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Respondent/s :

Mr. Anil Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2021 Heard Mr. Ashok Kumar Mishra, learned counsel for the petitioner and Mr. Anil Kumar, AC to GP-20 for the State through video conferencing.

2. The petitioner superannuated from the post of Assistant teacher on 31.03.2016 from Rajkiya Madhya Vidyaylay Lakshminia under Shivaji Block of Samastipur has filed the present writ application for payment of pension and gratuity amount.

3. Learned counsel for the petitioner submits that during pendency of this writ application, the pension of the petitioner has already been paid, but the gratuity amount

Patna High Court CWJC No.5791 of 2021(2) dt.27-08-2021 2/3 remains to be paid to the petitioner, for which, learned counsel submits that the petitioner may be directed to file a representation before the District Education Officer, Samastipur (Respondent No. 3) with further direction to Respondent No. 3 to dispose the same within a reasonable time frame.

4. Learned counsel for the State does not have any objection if the Respondent No. 3 is directed to dispose the representation filed by the petitioner.

5. After having heard the parties and the nature of prayer made by the petitioner, the petitioner is permitted to file a representation before Respondent No. 3 i.e. the District Education Officer, Samastipur, raising his grievance regarding payment of gratuity amount within a period of four weeks' from today, and if such a representation is filed, the respondent No. 3 is directed to dispose the same in accordance with law and by a reasoned order within a further period of three months from the date of receipt of representation.

6. Needless to say that if any amount is payable to the petitioner, the same shall be paid by the concerned Respondent within a further period of two months from the date of disposal of the representation.

7. With aforesaid observation and direction, this writ

Patna High Court CWJC No.5791 of 2021(2) dt.27-08-2021 3/3 application is accordingly, disposed of.

(Anil Kumar Sinha, J) S.Ali/- U