Anirudh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5527 of 2020 ====================================================== Anirudh Prasad Son of Late Chhote Lal Sharma, Resident of Gali of St. Michaels School, Mohanpur, Bari Keshopur, P.S. JAmalpur, Distt-Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Primary Education, Govt. of Bihar, Patna.

2.

Principal Secretary, Primary Education, Govt. of Bihar, Patna. 3.

The Director Bihar State Education Project, Board, Education Building Rastra Bhasha Parishad, Saidpur, Rajendra Nagar, Patna. 4.

The Chief Account Officer, Bihar Education Project Board, Patna. 5.

The Regional Deputy Director of Education, Munger Division, Munger. 6.

District Education Officer, Munger.

7.

District Program Oficer (Establishment), Munger. 8.

District Program Officer, Primary Education and Sarv Shiksha Abhiyan, Munger.

9.

Treasury Officer, Munger.

10.

Head Master, Middle School, Nimiya Tand Dharhara Block P.S. Dharhara, Distt-Munger.

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Respondent/s :

Mr.Jitendra Kumar Roy1 (Sc13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner retired on attaining age of superannuation on 31.12.2018.

Learned counsel appearing on behalf of the petitioner admits that certain post retiral dues have been paid to the petitioner but he has not been paid pension and gratuity despite

Patna High Court CWJC No.5527 of 2020(2) dt.26-06-2020 2/2 determination of work of construction against the fund allocated to him. He further submits that although the petitioner has been issued authority slip by the Accountant General yet the respondents have not finalized the claim of the petitioner and they are sitting tight over the matter.

Considering the aforesaid, the writ petition is disposed of with a direction to the respondents to once again verify the measurement book and after verification of the measurement book, if it is found that the fund allocated to the petitioner during his tenure has been utilized in construction work by the petitioner, the entire post retiral dues should be paid to the petitioner at the earliest, preferably within a period of three months from the date of receipt/production of a copy of this order.

In the event, any adverse order is proposed to be passed against the petitioner, the petitioner should be heard before taking any final decision.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U