Shivshankar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2597 of 2023 ====================================================== Shivshankar Prasad Singh Son of Late Vimal Prasad Singh, Resident of Village and P.O.-Anhari, ward No.8, P.S. Riga, District-Sitamarhi (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Director, Panchayati Raj Department, New Secretariat, Patna. 4.

The District Officer, Sitamarhi, District-Sitamarhi. 5.

The District Panchayat Raj Officer, Sitamarhi, District-Sitamarhi. 6.

The Block Development Officer, Choraut Block, District-Sitamarhi. 7.

The Block Deveopment Officer, Dumra Bock, District-Sitamarhi. 8.

The Block Development Officer, Nanpur Block, District-Sitamarhi. 9.

The Chief Account Officer, Accountant General Office, Birchand Patel Path, Patna.

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the State :

Mr. Kumar Alok (Sc7), Mr. Prem Ranjan Raj, AC to SC-7 For Accountant General :

Mr. Vivekanand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 13-07-2023 Heard Mr.Shankar Kumar, learned counsel appearing on behalf of the petitioner, Mr. Kumar Alok and Mr. Prem Ranjan Raj, learned counsels appearing on behalf of the State and Mr.

2/4 Vivekanand Kumar, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner had retired from the post of Panchayat Sevak in the year 2021 and till date he has not been paid pensionary benefits including arrears of salary for the period as mentioned in Annexure-5 to the writ petition, which is a representation made by the petitioner before the Director, Panchayati Raj.

3. The District Programme Officer, Sitamarhi must ensure to obtain all the deduction statements within two weeks from the place of posting of the petitioner and make payment forthwith.

4. The Panchayati Raj Officer, Sitamarhi and the District Provident Fund Officer, Sitamarhi must ensure that the entire amount due to the petitioner is credited into his account within a period of six weeks.

5. The District Panchayati Raj Officer, Sitamarhi must ensure to send sanction letter in view of the fact that the petitioner has informed that he is the Competent Officer to sanction for fixation of the pension to the Accountant General, Bihar within a period of two weeks.

3/4

6. The Director, Panchayati Raj, Bihar is directed to take immediate steps to redress the grievance of the petitioner. If he finds that due to technical issue, the retiral dues, as claimed by the petitioner has not been credited into his account, then he must entrust a competent Officer to do all the formalities including filling up of the requisite forms required for payment on any head. The Director, Panchayati Raj, Bihar must consider the fact that the authorities have failed to perform the statutory duty by not making retiral dues to the petitioner and must take appropriate action against the concerned Officer/s who have/has deliberately delayed.

7. The Accountant General, Bihar must ensure in case the District Panchayati Raj Officer has not made any communication in that case he will inform the District Panchayati Raj Officer to take appropriate steps to send pension letter to him. In any case the entire amount payable to the petitioner is not paid including pension, gratuity and other retiral dues as claimed by the petitioner.

8. The Treasury Officer, Sitamarhi must ensure that once the P.P.O. is received in the Office, he must ensure to credit it into the account of the petitioner on the same date of receipt of the P.P.O.

4/4

9. With the above observation and direction the writ petition stands disposed of. In case of any failure, this Court will take appropriate legal action.

(Purnendu Singh, J) pravinkumar/- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date