Shobha Kant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5316 of 2020 ====================================================== Shobha Kant Jha Son of Late Rameshwar Jha Resident of Village-Bethua, Police Station-Biraul, District-Darbhanga.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Director Agriculture, Patna.

3.

The Joint Director, Agriculture, Koshi Division, Saharsa 4.

The Deputy Director, Crop, Purnea 5.

The Project Executive Officer, Kodha (Katihar) 6.

The Block Agriculture Officer, Katihar.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Girish Chandra Jha, Advocate For the Respondents :

Mr.Gajendra Pd. Yadav SC17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The instant writ petition has been filed for a direction to the respondents to pay the arrears of difference of pay after providing benefit of ACPs to the petitioner and difference of payment of leave encashment.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been paid the entire post retiral dues except the benefit of ACPs and leave encashment. Learned counsel for the State submits that the petitioner has not been paid the benefit of ACPs and leave

Patna High Court CWJC No.5316 of 2020(2) dt.25-06-2020 2/2 encashment without approval at the level of the Joint Director, Agricutlure.

Considering the fact that the petitioner retired on 31.03.2004 after attaining the age of superannuation, the writ petition is disposed of with a direction to the respondents to take appropriate decision with regard to entitlement of the petitioner for grant of the benefits of first and second ACP and payment of leave encashment and ensure payment of the same, if not already paid, within a period of four months from the date of receipt/production of a copy of this order along with a detailed calculation chart, failing which the petitioner would be entitled to interest at the rate of 9% per annum from the date of filing of the writ petition i.e. 06.03.2020 till the date of actual payment. With the aforesaid observation and direction, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U