Shiv Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18905 of 2017 ====================================================== Shiv Shankar Singh S/o Late Chandra Dev Singh resident of Village - Katarmala, P.S. - Nima Chandpura, Distt - Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar represented through the Chief Secretary, Govt. of Bihar, Patna.

2.

The Principal Secretary, Building construction Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Engineer-in-Chief, Building Construction Department, Govt. of Bihar, Patna.

4.

The Superintending Engineer, Building Construction Department Building Construction Division, Darb 5.

The Executive Engineer, Building Construction Department Building Division, Begusarai.

6.

The Asstt. Engineer, Building Sub-Division No. - 2, Begusarai. 7.

The District Provident Fund Officer, Begusarai. 8.

The District Magistrate, Begusarai.

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

For the Petitioner/s :

Mr.Vivekanand Prasad Singh For the Respondent/s :

Mr.Raj Ballabh Pd.Yadav Aag11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard the parties.

Following reliefs have been sought for in paragraph 1 of the present application on behalf of the petitioner: (A) For payment of G.P.F. amount with up-to-date interest including the amount of D.A. contributed

Patna High Court CWJC No.18905 of 2017(5) dt.22-09-2020 2/3 towards Provident Fund account in nineties during the Chief Ministership of Sri Lalu Prasad Ji.

(B) For payment of differential amount to the tune of Rs. 2640/- owing to salary increase @ Rs. 55/- per month of the 4th Pay Commission from 31.12.1989 to 1.1.1996.

(C) For payment of differential amount of salary due to change in scale from Rs. 2610-3540 to Rs. 26104000. (D) For fixation of pay and pension after giving benefits of three ACPs and payment of differential amount of salary and pension.

(E) For any other relief(s) to which petitioner may be found entitled to in the eye of law.

In pursuance to the present writ application, a supplementary counter affidavit has been filed on behalf of the respondents. Following statements have been made in paragraph nos. 6, 7, 8 and 9 of the supplementary counter affidavit:

"6. That it is further relevant to mention here that after getting some more PF contribution Challan an amount of Rs. 28629/- (Rupees Twenty Eight Thousand Six Hundred Twenty Nine only) has been paid to the petitioner vide Dispatch No. 56 dated 05.02.2020, and for remaining amount chart has been prepared and the same is going to be paid, hence the grievance raised under Para 1(A) of the writ application has already been redressed.

7. That so far as grievance of the petitioner raised under Para 1(B) and (C) of the writ is concerned, it is submitted that nothing remains due and hence the same is fit to be rejected.

8. That so far the grievance of the petitioner raised under Para 1(D) of the writ is concerned, it is submitted that the amount has already been calculated and allotment is required for the same and a request letter has been already been sent to the head quarter, and the same will be paid very soon, vide Letter No. 504 dated 13.06.2020.

9. That it is relevant to mention here that as the

Patna High Court CWJC No.18905 of 2017(5) dt.22-09-2020 3/3 maximum part of the grievance has already been redressed and remaining is going to be paid very soon hence it is prayed to dispose of the matter." As per the statement made in the supplementary counter affidavit, part of the relief(s) sought for in the present writ application have already been redressed by the respondents and for rest of the relief(s), they have admitted that they will be redressing the same.

Considering the statements made above in the supplementary counter affidavit, no substantive relief is to be granted to the petitioner.

In case, if the petitioner has any further claims/relief(s) to be redressed by the respondents, he will be at liberty to make a representation before the competent authority who shall consider the same and dispose of the representation of the petitioner within a period of four months from the date of filing of such representation. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U