Ramjee Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6233 of 2020 ====================================================== Ramjee Choudhary Son of M Choudhary, R/o Mohalla-149 Vishwesraiya Nagar, Bihar College of Pharmacy, P.S.-Rupaspur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Secretary, Rural Works Department, Govt. of Bihar, Patna. 3.

The Under Secretary, Rural Works Department, Govt. of Bihar, Patna. 4.

The Engineer in Chief Rural Works Department, Govt. of Bihar, Patna. 5.

The Special Duty Officer, Rural Works Department, Govt. of Bihar, Patna. 6.

The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarveshwar Tiwary, Advocate For the State :

Mr.Pradip Kumar Sinha, Advocate For the A.G. Bihar : Mr. Ajay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner, Mr. Pradip Kumar Sinha for the State and Mr. Ajay for the Accountant General.

By way of this writ petition the petitioner has sought direction upon the respondents for payment of terminal dues including leave encashment, pension and gratuity. Learned counsel for the respondents submits that terminal dues of the petitioner have been paid after adjusting the excess amount of Rs. 41,458/- paid to the petitioner earlier. Learned counsel appearing on behalf of the petitioner submits that there is delay of more than two years in making

Patna High Court CWJC No.6233 of 2020(3) dt.08-09-2020 2/2 payment and therefore the petitioner is entitled to interest. The Court not inclined to issue any direction for payment of interest as the Court is of the view that there is no inordinate delay in making payment of terminal dues to the petitioner.

However, liberty is available to the petitioner to raise the grievance as to calculation and respondents' claim of adjustment of Rs. 41,458/- allegedly paid in excess of the dues. In the event the petitioner represents the respondents with regard to the aforesaid alleged excess payment, the respondents shall provide detailed calculation chart and pass appropriate speaking order at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U