Dudhnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5642 of 2016 ====================================================== Dudhnath Singh, Son of late Binda Thakur, Resident of Mohalla- New Sipara Matkhan, Po Delwa, Police Station- Beur, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Agriculture Production Commissioner, Agriculture Department, Government of Bihar, New Secretary, Patna.

3. The Director, Agriculture Department, Government of Bihar, New Secretary, Patna.

4. The Joint Secretary Director (Agriculture) Patna Division Patna.

5. The District Agriculture Officer, Kaimur Bhabhua.

6. The Sub Divisional Agriculture Officer, Bhabhua District Kaimur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Kumar, Adv. For the Respondent/s : Mr. Uday Prasad, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-09-2016 Heard the parties.

The petitioner, claiming to have superannuated from service from the post of Farm Assistant on 31.12.2014, has filed the present writ petition for grant of post-retiral dues, as enumerated in paragraph 1 of the writ petition. In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that, instead of keeping the matter pending and asking the respondents to file their counter affidavit, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation before the respondent no.3 with all supporting documents and raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a fresh comprehensive representation is filed

Patna High Court CWJC No.5642 of 2016 (2) dt.15-09-2016 on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent no.3 either himself or any other competent authority of the respondent State, as per his endorsement, shall be obliged to consider and decide the claims raised on behalf of the petitioner, by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such fresh comprehensive representation by the petitioner. If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and it is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U