Dharamnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4954 of 2023 ====================================================== Dharamnath Sharma Son of Late Halimat Sharma @ Hanumat Sharma Resident of Village- Jalalpur Kala, P.O.- Vishunpura, P.S.- Sidhwaliya, District- Gopalganj, Retired Carpenter (Work Charge to regular) in the Office of Executive Engineer Building Construction Division, Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Building Construction Department, Govt. of Bihar at Patna.

3.

The Accountant General Official, Bihar, Patna. 4.

The Superintendent Engineer, Building Construction Department Circle, Saran at Chapra, District- Chapra.

5.

The Executive Engineer, Building Construction Division Gopalganj, District- Gopalganj.

6.

The Treasure Officer, Gopalganj, District- Gopalganj. 7.

The Asstt. Engineer, Building Construction Sub-Division, Mirganj, Distt.- Gopalganj.

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

For the Petitioner/s :

Mr.Jitendra Kumar Shrivastwa, Advocate For the AG (Bihar) :

Dr.Anand Kumar, Advocate Mr.Ramesh Gupta, Advocate For the Respondent/s :

Mr.Mahendra Prasad Verma, AC to SC 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 25-09-2023 Heard Mr. Jitendra Kumar Shrivastwa, learned counsel appearing on behalf of the petitioner; Dr. Anand Kumar, learned counsel appearing on behalf of the Accountant General (Bihar) and Mr. Mahendra Prasad Verma, learned AC to SC 20 for the State.

2. Learned counsel appearing on behalf of the State informs this Court that the substantial amount of the retiral dues

Patna High Court CWJC No.4954 of 2023 dt.25-09-2023 2/2 has been paid to the petitioner. However, the learned counsel for the petitioner submits that the petitioner is still aggrieved for nonpayment of several other retiral dues in accordance with law.

3. In such circumstances, the present writ petition is disposed of with a direction to the petitioner to file a detail representation before the concerned authority along with a copy of the Hon'ble Full Bench judgment passed in the case of Smt. Amrika Devi & Ors. Vs. The State of Bihar & Ors. reported in (2019) 4 PLJR 354 and the authority concerned is directed to dispose of the representation of the petitioner within a period of four weeks from the date of filing of the representation.

4. If the petitioner is found entitled of the pension in view of the Hon'ble Full Court judgment passed in Smt. Amrika Devi & Ors. Vs. The State of Bihar & Ors. (supra), the same is directed to be fixed and paid to the petitioner within the aforesaid period of four weeks in accordance with law.

5. With the above observation, the presentation is disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 25.09.2023.

Transmission Date