Ram Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8624 of 2015 ====================================================== Ram Prasad Singh son of Late Mahadeo Singh resident of village- Arap, P.O.- Arap, P.S.- Vikram, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Establishment Additional District Magistrate Establishment Section, Patna. 3.

Circle Officer, Naubatpur, Patna.

4.

Circle Officer, Dhanrua, Patna.

5.

Circle Officer, Khusrupur, Patna.

6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Murli Dhar For the State :

Mr.Niraj Kumar, AC to GA 10 For the AG Mr. Prabat Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-08-2019 Heard counsel for the petitioner and counsel for the respondents-State as well as counsel for the Accountant General.

It is submitted by petitioner's counsel that under communication dated 10.09.2007, Addl. Collector, Patna has written to C.O., Naubatpur that necessary order for paying petitioner's dues for the period of suspension i.e. 06.11.2002 to 20.03.2005 has already been issued. He submits that in spite of such communication, dues for the said period as well as other post retiral dues has not been paid to the petitioner till date. State counsel submits that from the pleadings and

Patna High Court CWJC No.8624 of 2015(2) dt.14-08-2019 2/2 averments made in the writ petition itself, it is apparent that dues are held up on account of the fact that service book of the petitioner has not been located by the authority and is missing. On account of such a reason, respondents cannot justify denial of admissible dues of the petitioner. It is for the respondent-authorities to trace out the service book of the petitioner or reconstruct the same and take any other measure so as to facilitate payment of admissible dues to the petitioner in light of communication dated 10.09.2007 taken note of hereinabove and also on account of post retiral dues. District Magistrate, Patna is directed to take steps in order to facilitate payment of the petitioner's admissible claim.

Petitioner should give representation giving detail of various postings within a period of four weeks. In the event such application is filed, District Magistrate, Patna shall consider petitioner's claim as per entitlement and ensure payment of admissible dues to the petitioner within a period of three months thereafter.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U