Md. Nizamuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10324 of 2014 ====================================================== Md. Nizamuddin, S/o Late Athar Hussail, Resident of Village - Shalimpur, P.O. Mohiuddinpur, P.S. Jagdishpur, District - Bhagalpur, at present resident of Mohalla - Saderuddinchak, P.S. Habibpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar, through Director Raj Bhasha, Department of Urdu Needeashaly Bihar, Patna

2. The Director Raj Bhasha Department of Urdu Needeashaly, Bihar, Patna

3. The District Magistrate-cum-Collector, Banka

4. Block Development Officer, Katoria, Distt. - Banka. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Respondent/s : Mr. Ramadhar Singh, GP-25 Ms. Archana Sinha, AC to GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-08-2016 The petitioner has raised his grievance with respect to non-payment of retiral benefits.

The petitioner was appointed as Urdu Translator on 01.09.1983. He retired on 31.01.2014 from Katoria Prakhand from the same post. He submits that though more than two and half years have passed, his final pension has not yet been fixed, though no proceeding is pending against him. He submits that earlier provisional pension was fixed but later, the same has been withheld, on account of which the petitioner is facing financial constrain. He further submits that only after filing of this

Patna High Court CWJC No.10324 of 2014 (2) dt.20-08-2016 2/2 writ application, a part of his retiral dues has been paid to him. A Counter Affidavit has been filed on behalf of the State, way back on 04.12.2014.

The respondents are directed to make payments of the entire retiral dues to the petitioner within a period of four months. The respondent, in the meantime, would consider the claim of the petitioner for grant of 2nd ACP and MACP, wherever admissible and would upto date the payments of retiral benefits accordingly. The District Magistrate-cum-Collector, Banka, would take all necessary steps in collaboration with the Block Development Officer, Katoria, to ensure payment of the retiral dues to the petitioner. In the meantime, the respondents are also directed to forthwith start the provisional pension to the petitioner, which was earlier being paid to him.

The petitioner, in his turn, would also submit the required information, whereupon the respondent nos. 3 and 4 would promptly act on it.

With the aforesaid observation and direction, the writ application is disposed of.

(Samarendra Pratap Singh, J.) kunal/- U