Patna High CourtCWJC/4396/2023disposed

Ajit Kumar v. The State Of Bihar

2023-07-27Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4396 of 2023 ====================================================== Ajit Kumar Son of Late Prasadi Mandal, Resident of Village Khariya, P.S.- Haveli, Kharagpur, District- Munger, At present- Residing at Pithdaury, NearCongress Office, Sultanganj, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar through its the Principal Secretary, Education Department, Government of Bihar, Patna.

The Principal Secretary, Education Department, Government of Bihar, Patna.

The Director, Primary Education Department, Government of Bihar, Patna. 4.

The District Education Officer, Bhagalpur, District- Bhagalpur. 5.

The District Programme Officer (Estab.), District- Bhagalpur. 6.

The District Provident Fund Officer, Bhagalpur, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Respondent/s :

Mr. Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-07-2023 Heard Mr. Sharda Nand Mishra, learned counsel appearing on behalf of the petitioner and Mr. Amit Bhushan, learned AC to learned GP-17 for the State.

2. Petitioner is aggrieved for non-payment of retiral dues. It has been informed by the petitioner that the District Education Officer, Bhagalpur, has forwarded all the documents relating to the petitioner.

3. The petitioner, if so advised, may file a representation before the District Programme Officer (Establishment), Bhagalpur, along with all the requisite

Patna High Court CWJC No.4396 of 2023(2) dt.27-07-2023 2/3 documents and papers for facilitating the payment of retiral dues.

4. The District Programme Officer (Establishment), Bhagalpur, is directed to sanction the pension and send the same to the Accountant General, Bihar for fixation of pension of the petitioner, who was serving on the post of headmaster and retired on 30.04.2021.

5. The District Programme Officer (Establishment), Bhagalpur, must also ensure that he will not take plea that 'No Dues Certificate' has not been issued to the petitioner. He must ensure to verify from the records as to whether any dues is pending against the petitioner. If it is found that any dues is pending against the petitioner, in that case, he may well advise the petitioner to clear all the dues.

6. All the above exercise must be carried on by the District Programme Officer (Establishment), Bhagalpur, within a period of six weeks in accordance with law.

7. The District Provident Fund Officer, Bhagalpur, is directed to collect all the deduction statements from the different places of posting of the petitioner and make payment of the provident fund to the petitioner within the aforesaid period of six weeks failing which, this Court shall take legal action

Patna High Court CWJC No.4396 of 2023(2) dt.27-07-2023 3/3 against him.

8. The Accountant General, Bihar is directed to fix the pension of the petitioner in further period of two weeks in accordance with law and send the same to the Treasury Officer, Bhagalpur.

9. The Treasury Officer, Bhagalpur, must forthwith credit the entire amount into the account of the petitioner including all the heads for which the petitioner is entitled for.

10. With above observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U