Jaiprakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3770 of 2023 ====================================================== Jaiprakash Mandal Son of Late Bhagwat Mandal Resident of Mohalla-Laxmi Nagar Colony, Takichak, Post Office-Mirjanhat, Police Station-Habibpur, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education Department, Govt. of Bihar, Patna. 3.

District Education Officer, Bhagalpur.

4.

District Program Officer (Establishment) Education, Bhagalpur. 5.

The Principale of Govt. Intermediate School, Isupur, Pirpaithi, Bhagalpur. 6.

Accountant General (A and E), Bihar, Patna.

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

For the Petitioner/s :

Mr. Md. Helal Ahmad, Advocate For the State :

Mr. Hitesh Suman, AC to SC-13 For the A.G.

:

Mr. Raj Nandan Prasad, Advocate Mr. Vishesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-07-2023 Heard Mr. Md. Helal Ahmad, learned counsel appearing on behalf of the petitioner, Mr. Hitesh Suman, learned AC to learned SC-13 appearing on behalf of the State and Mr. Raj Nandan Prasad, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had retired in the year 2017, however, he has not availed the efficacious remedy by filing representation before appropriate authority for payment of due amount payable to the petitioner. Petitioner seeks liberty to

Patna High Court CWJC No.3770 of 2023(2) dt.25-07-2023 2/3 file representation before the appropriate authority.

3. Considering the aforesaid fact and the liberty sought by the petitioner, the petitioner, if so advised, may file a detailed representation before the Director, Secondary Education, Bihar before whom the District Porgramme Officer (Establishment) Education, Bhagalpur, has forwarded the case of the petitioner for making payment of the leave encashment.

4. The Director, Secondary Education, Bihar must call for the records from the office of the Block Education officer and must see that the amount payable to the petitioner on account of leave encashment must be paid to him within a period of three weeks from the date of filing of the representation in accordance with law.

5. If it is found that Block Education Officer and District Programme Officer (Establishment) District- Bhagalpur, are also required to verify the records relating to the petitioner in that case, both the authorities must clarify the case of the petitioner before the Director, Secondary Education on the basis of the records relating to the petitioner for making payment of admissible dues to the petitioner in accordance with law within a period of one week so as to enable the Director, Secondary Education to pass the appropriate order for payment within the

Patna High Court CWJC No.3770 of 2023(2) dt.25-07-2023 3/3 aforesaid period of three weeks.

6. The Treasury Officer must ensure to credit the amount payable to the petitioner into the bank account of the petitioner without fail.

7. With above observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U