Upendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6562 of 2019 ====================================================== Upendra Prasad Yadav Son of Narayan Yadav Resident of Village- Litiyahi, P.O.- Dinapatti, P.S.- Pipra, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Director, Primary Education, Bihar, Patna. 3.

The District Magistrate, Supaul.

4.

The District Education Officer, Supaul.

5.

The District Programme Officer (Establishment), Supaul. 6.

The District Treasury Officer, Supaul.

7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Shree Kant Pandey, Advocate For the AG : Mr. Satyendra Kumar Jha, Advocate For the Respondent/s :

Mr. Kameshwar Kumar (GP-17) Mr. Arbind Kumar, AC to GP-17 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 03-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of Accountant General, Bihar, Patna.

2. Petitioner retired as Assistant Teacher from Upgraded Madhya Vidyalaya, Tetrahi, Block Pipra, District Supaul with effect from 30.04.2016. He submits that although the PPO has been prepared by the office of the Accountant General, Bihar, Patna on 14.06.2018, which is Annexure-1 to the writ application, but still gratuity and pension has not been paid to the petitioner. He further submits that the leave encashment has also not been paid to him although he has superannuated three years back.

Patna High Court CWJC No.6562 of 2019 dt.03-04-2019 2/2

3. Considering the nature of claim made by the petitioner, Respondent No. 6, the District Treasury Officer, Supaul is directed to make payment as per the PPO sent by the office of the Accountant General dated 14.06.2018(Annexure-1), start the pension of the petitioner month to month and pay the arrears within a period of three months from the date of receipt/production of a copy of this order.

4. So far as leave encashment is concerned, the petitioner is directed to file a representation before Respondent No. 5, the District Programme Officer (Establishment), Supaul, which would be considered and disposed of within a period of three months from the date of filing of such representation. Any admissible amount due to the petitioner would be paid within one month thereafter with admissible statutory interest. If certain amounts are not payable, the same shall be communicated to the petitioner by a speaking order sent through registered post.

5. Writ application stands disposed of.

(Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.04.2019 Transmission Date NA