Jaglal Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4221 of 2019 ====================================================== Jaglal Prasad son of Ram Lochan Ram, resident of village Karmaini, P.O. Maidhara, P.S. Bikramganj, District Rohtas 802212 ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna 2.

The Director, Primary Education Bihar, Patna. 3.

The District Education Officer, Rohtas, Sasaram. 4.

The District Programme Officer, Establishment , Rohtas, Sasaram. 5.

The Principal Higher Secondary School, Bikramganj, Rohtas. 6.

The GPF Officer, Sasaram, Rohtas.

7.

The Accountant General Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Prabhat For the Respondent/s :

A.C. to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner and learned A.C. to G.P. 23 for the State.

The petitioner has a grievance that he has not been paid his monthly pension, gratuity and cash equivalent to unutilized earned leave. It transpires that the amount of General provident Fund and General Insurance have been paid to him. The petitioner retired as Headmaster of a Higher Secondary School, Bikramganj, with effect from 31.01.2014. Counter affidavits have been filed on behalf of the respondents, including one filed on behalf of respondent No.4 sworn by the District Programme Officer (Establishment),

Patna High Court CWJC No.4221 of 2019(3) dt.16-06-2020 2/3 Rohtas. It has been stated in the said counter affidavit that payment of cash equivalent to earned leave of 298 days has been sanctioned and the same has been forwarded to the Accountant General, Bihar, through letter dated 29.03.2019. It has further been stated that the pension papers of the petitioner has been forwarded to the Additional Secretary, Education Department, Government of Bihar, on 29.03.2019 for payment of pension and gratuity. It has further been stated that no sooner the authorizations are issued by the Office of the Accountant General, the petitioner shall be paid the amount of pension and gratuity, which he is legally entitled to.

In the facts and circumstances of the case, particularly in view of the averments made in the counter affidavit filed on behalf of respondent No.4, this application is disposed of with a direction that let final decision on grant of sanction of payment of pension and gratuity be taken within four months from today and the same be communicated to the Accountant General, if required and if not already sent. The Accountant General shall be obliged to ensure that the authority slip are issued for payment of pension and gratuity, if it receives necessary sanction from competent sanctioning authority within one month from the date of receipt of the sanction order.

Patna High Court CWJC No.4221 of 2019(3) dt.16-06-2020 3/3 The respondents are further directed to ensure that the amount of leave encashment is credited in the petitioner's account within a fortnight from today, if not already done. With the above observations and directions, this writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U