Shri Jagdeep Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18766 of 2018 ====================================================== Shri Jagdeep Yadav Son of Late Shri Ramdash Yadav, Resident of VillageBelhauri, P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Major, Commanding Officer 13, Bihar Battalion, N.C.C., Aurangabad. 3.

The Major Commanding Officer, 44 Bihar Battalion, N.C.C., Daltonganj Palamau.

4.

The Accountant General A and E-II, Bihar Patna. 5.

The Treasury Officer, Patna.

6.

The Sr. Accounts Officer, Bihar, Patna.

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

For the Petitioner/s :

Mr.Syed. Rizwanul Haque For the Respondent/s :

Mr.P.K.Verma -AAG-3 Dr. Anand Kumar, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2020 Heard learned counsel for the parties.

The present writ petition has been filed for a direction to the respondents to pay the benefit of pension and other post retiral dues after the petitioner's voluntary retirement. The petitioner was offered voluntary retirement on 31.3.2000, 4 years ahead the age of superannuation on account of mental ailment for which he was admitted in Ranchi Mansik Arogyashala, Kanke, Ranchi. He was denied the benefit of voluntary retirement by the NCC Commandant. Paras 10 and 11 of the writ petition indicate that there is hanky panky in the

Patna High Court CWJC No.18766 of 2018(2) dt.08-06-2020 2/2 office of the respondent No.3.

Since the writ petition was filed on 17.9.2018 and no affidavit has been filed by the respondents, in a situation like the instant, keeping the matter pending will not serve any purpose. The writ petition is, accordingly, disposed of with direction to the respondent no. 3 to cause an enquiry into the allegation made in para-10 and 11 of the writ petition and will take all steps to ensure payment of the retiral dues of the petitioner on account of his voluntary retirement at the earliest preferably within a maximum period of 60 days from the date of receipt/production of a copy of this order.

Office is directed to communicate the order to the respondent No. 3 through all means within one week from today.

The Court hope and trust that the respondent No. 3 shall ensure payment of dues within the time frame as indicated hereinabove.

(Anil Kumar Upadhyay, J) spandey/- U