Ashok Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7147 of 2021 ====================================================== Ashok Kumar Choudhary Son of Late Bimal Choudhary, Resident of Jhawankothi near Niromani Apartment, Police Station Jagdishpur, DistirctBhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

4.

The Deputy Secretary, Rural Works Department, Government of Bihar, Patna.

5.

The Deputy Development Commissioner, Rural Works Department, Government of Bihar, Supaul.

6.

The Executive Engineer, Works Division I, Rural Works Department, Government of Bihar, Supaul.

7.

The Executive Engineer, Works Division II, Rural Works Department, Government of Bihar, Supaul.

8.

The Executive Engineer, Works Division 2, Rural Works Department, Government of Bihar, Ara.

9.

The Executive Engineer, Works Sub-Division, Rural Works Department, Government of Bihar, Jagdishpur, District Ara. 10.

Accountant General, Bihar.

11.

Treasury Officer, Bhagalpur 12.

Treasury Officer, Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravindra Nath Dubey, Advocate For the State :

Mr. Prem Ranjan Raj, AC to SC-7 For Accountant General :

Mr. Ram Yash Singh, Advocate Mr. Utkarsh Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 27-06-2024 The Petitioner, who retired on 31st December, 2014 on attaining the age of superannuation from the post of Junior

Patna High Court CWJC No.7147 of 2021 dt.27-06-2024 2/3 Engineer in the Rural Works Department, Government of Bihar, has filed this writ petition seeking a direction to the respondents to pay the retiral dues.

2. The petitioner in his reply affidavit filed to the supplementary counter affidavit by the Respondent Nos. 2 to 4 and 6 to 9 has annexed an office order dated 14.09.2023 issued by the Special Secretary, Rural Works Department vide dk0vk0 la0&5@v0iz0&02&01@2023@ 243 @ iVuk] fnukad&14-09-2023, which has been marked as Annexure 2 to the writ petition.

3. By the aforesaid office order, the petitioner's unauthorized absence for the period 08.07.2011 to 31.12.2014 have been regularized by treating the petitioner on duty on "No Work No Pay" basis. By the aforesaid office order, the 30% of the petitioner's pension have also been withheld for 10 years by the respondents authorities. The petitioner has now been paid rest of the retiral benefits except what have been indicated in the office order dated 14.09.2023.

4. In the above facts and circumstances, this writ petition, with the consent of the learned advocates for the parties, is hereby disposed of with a liberty granted to the petitioner to either file a representation before the appropriate authorities for

Patna High Court CWJC No.7147 of 2021 dt.27-06-2024 3/3 reconsideration of the office order dated 14.09.2023 or to challenge the same before this Court.

5. The writ petition is disposed of with the above observations.

(Nani Tagia, J) Narendra/Siwani AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 27.06.2024 Transmission Date N.A.