Bhagwan Goswami v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.774 of 2019 In Civil Writ Jurisdiction Case No.1575 of 2016 ====================================================== Bhagwan Goswami S/o Late Bulak Goswami resident of MohallaHanumanbagh Colony, Madhubani, Police Station- Raj Nagar, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through Shri Sanjay Kumar,father's name not known to the petitioner,the Principal Secretary,Department of Health Govt. of Bihar,Patna 2.

Dr. Shri R.N. Pandey father's name not known to the petitioner,the Directorin-Chief (Administration) Health Services, Bihar, Patna. 3.

Dr. Shri Hari Kishor Singh, father's name not known to the petitioner,the Civil Surgeon-cum-Chief Medical Officer, Madhubani. 4.

Dr. Shri Shiv Shankar Mehta, father's name not known to the petitioner,Incharge Medical Officer, Primary Health Centre, Babubarhi, District- Madhubani.

5.

Shri Satynarayan Paswan, father's name not known to the petitioner,the District Provident Fund Officer, Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ajay Behari Sinha (Ga8) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 23-04-2025 This contempt petition has been filed alleging violation of order dated 09.05.2018 passed in CWJC No. 1575 of 2019, wherein, this Court has passed the following order:- 'Heard Mr. Banwari Sharma, learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has moved the Court for the following reliefs: "That the present application is being filed for issuance of a writ in the nature of writ of mandamus for directing the concerned respondent

Patna High Court MJC No.774 of 2019(2) dt.23-04-2025 2/3 authorities to pay the leave encashment and general provident fund to the petitioner with upto date statutory interest besides 18% quarterly compound interest which has not been paid to him even after about 6 years from his superannuation from service. And/or pass such other order or orders as your Lordships may deem fit and proper." Patna High Court CWJC No.1575 of 2016 dt.09-05-2018 2/2

3. Learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to file a representation before respondent no. 3, who may be directed to consider the same and pass a reasoned order.

4. Learned counsel for the State does not object.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to move before respondent no. 3 in the matter. If such a representation is filed by the petitioner before the respondent no. 3 within four weeks from today, he shall get the same enquired into and verified from the records and pass a reasoned order within four weeks from the date of filing of the representation. If it transpires that any further payment is required to be made to the petitioner, the same shall also be paid to him within four weeks from the date of passing of the order. '

2. Opposite party No. 3 has filed a show cause, wherein, in paragraph No. 11 it has been stated that the claim of the petitioner has been rejected by a reasoned order as contained

Patna High Court MJC No.774 of 2019(2) dt.23-04-2025 3/3 in memo no. 448 dated 19.02.2020, a copy of which has been enclosed as Annexure - D to the show cause.

3. On perusal of paragraph No. 11 of the show cause filed by the opposite party No. 3, I find that the order dated dated 09.05.2018 passed in CWJC No. 1575 of 2019 has been duly complied with by the respondents.

4. In view of the above, this contempt application stands closed and disposed of with a liberty granted to the petitioner to challenge the said order of rejection. (Nani Tagia, J) Siddharth Sagar/- U