Shri Pramod Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9647 of 2016 ====================================================== Shri Pramod Pandey son of Shri Yadu Narayan Pandey resident of Dandibag Road, Ghughritand, Police Station- Bisnupat, P.O.- Chand Chaura, DistrictGaya. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary Education Department, New Secretariat, Patna.

3. The Director Primary Education the Government of Bihar, New Secretariat, Patna.

4. The Commissioner, Magadh Division, at Gaya

5. The District Magistrate, Gaya.

6. The District Education Officer, Gaya.

7. The District Programme Officer Establishment, Gaya.

8. The Block Education Officer cum Drawing and Disbursing Officer, Karmauni Block, Dobhi, Gaya.

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

For the Petitioner/s :

Mr. Bipin Bihari Singh, Advocate For the Respondent/s :

Mr. Gautam Bose- AAG-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Mr. Bipin Bihari Singh, learned counsel appearing on behalf of the petitioner submits that the respondents are keeping the matter pending on one or the other pretext and as a result thereof, the petitioner is not getting the consequential benefits. He has drawn the attention of the Court to the letter dated 9.12.2016, Annexure-E to the counter affidavit from which it appears that the District Programme Officer, Establishment, Gaya has issued letter to the Block Education Officer, Dobhi-

Patna High Court CWJC No.9647 of 2016(3) dt.17-04-2018 2/3 cum- Drawing and Disbursing Officer, Middle School, Dobhi for obtaining the certificate of passing graduation. Mr. Bipin Bihari Singh, learned counsel for the petitioner submits with reference to Annexure-8 dated 26.5.2015 enclosed with reply to the counter affidavit whereby the office of the District Education Officer, Gaya has issued letter intimating therein that the certificate of the petitioner was verified from Magadh University and as such, the pay scale of the petitioner is required to be approved by the District Accounts Officer, Gaya.

Mr. Bipin Bihari Singh as such submits that after verification from the University keeping the matter of petitioner in abeyance indicates that respondents are only adopting dilly dally in the matter of final disposal as to the claim of the petitioner for consequential benefits. He submits that respondents may be directed to take decision finally one way or the other so that the petitioner may understand where he stands.

Considering the aforesaid, the writ petition is disposed of with the direction to the District Programme Officer, Establishment, Gaya to take final decision with regard to the consequential benefits admissible to the petitioner within a

Patna High Court CWJC No.9647 of 2016(3) dt.17-04-2018 3/3 maximum period of 60 days from the date of receipt/production of a copy of this order and in the event the certificate of the petitioner is found to be genuine as evident from Annexure-8, the respondents are required to ensure payment of all consequential benefits including monetary benefits within a further period of one month from the date of such order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U