Lalan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3928 of 2015 ====================================================== Lalan Prasad Singh S/o Late Bihari Singh Resident of Village- Sudua, P.s. & District- Daltenganj, At present Residing at Ratan Bigha, P.s. Ghosi, District- Jehanabad,.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner -cum-secretary, irrigation Water ResourceDepartment, Govt. of Bihar, Patna.

3. The Director, Revenue Administration, Water Resource Department, Govt. of Bihar, Patna.

4. The Special Officer-cum-Deputy Secretary, Water Resource Department, Govt. of Bihar, Patna.

5. The Deputy collector Revenue Division, Water Resource, Department, Gaya.

6. The Chief Engineer, Irrigation Department , Gaya.

7. The Executive Engineer, irrigation Department, Gaya.

8. The Superintendent Engineer, irrigation Department, Gaya,.

9. The Accountant General , State of Bihar, Birchand Patel Marg, Patna.-1 .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Singh, Adv. For the Respondent/s : Mr. Kumar Priyaranjan, SC23 For the A.G. : Mr. P.K.Rajgriyar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 24-03-2015 Heard learned counsel for the parties.

The prayer of the petitioner in this writ application reads as follows:

"Directing to the respondent authorities to pay all retiral cum pensionary benefits to the writ petitioner expeditiously and without delay with all consequential benefits."

Learned counsel for the petitioner in support of the aforementioned prayer having found himself in troubled waters on account of dismissal from service of the petitioner which was

Patna High Court CWJC No.3928 of 2015 (2) dt.24-03-2015 affirmed upto the Apex Court has voluntarily given up the claim for any and every retirement benefit and has confined his submission for payment of the amount that was deducted from the salary of the petitioner being Group Insurance or Provident Fund. Considering the fact that there was no order of recovery passed against the petitioner at the time of his dismissal from service, this Court would direct the authorities to examine as to how much amount was deducted from the salary of the petitioner either in the Group Insurance Scheme or in the provident fund amount and that much amount must (of course without payment of any interest) be paid to the petitioner within a period of three months from the date of receipt of this order. With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U