Arjun Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3115 of 2014 ====================================================== Arjun Sharma, son of Late Ramjee Sharma R/O Village- Dadpur, Hulasganj, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.

2. The Zila Parishad,Gaya District- Gaya, through its Chief Executive Officer, Zila Parishad, Gaya, District- Gaya.

3. The Deputy Development Commissioner- Cum- Chief Executive Officer, Zila Parishad ,Gaya, District- Gaya.

4. The Chairman, Zila Parishad Gaya, District- Gaya. .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

23-01-2015 Heard learned counsel for the petitioner, learned AC to AAG-5 and learned counsel, who has appeared on behalf of Zila Parishad, Gaya.

The petitioner, who retired on 31.07.2013 from Zila Parishad Gaya, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for directing the Respondents to pay all retiral dues. It has been accepted by learned counsel for the petitioner that some of the dues have already been paid. The petitioner, thereafter, filed a representation vide Annexure-3 Series to the present petition, wherein details have been given regarding claim of retiral dues.

Patna High Court CWJC No.3115 of 2014 (2) dt.23-01-2015 2/2 In this case, a counter affidavit has been filed on behalf of Respondent no.3 and in paragraph-4, it has been indicated that claim of retiral dues of the petitioner shall be settled after adjustment of rent of residential quarter, which is presently under the occupation of the petitioner, only after the petitioner vacates the same and hand over possession to the Zila Parishad. In view of statement made in the counter affidavit, the Court is of the opinion that the writ petition can be disposed of. It is directed that immediately after the premises of Zila Parishad is vacated by the petitioner and possession is handed over to the Zila Parishad, Respondent no.3/ the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Gaya shall take all steps for settling all the grievances of the petitioner in respect of retiral dues within a period of two months thereafter after adjustment of rent of quarter.

With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U