Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5507 of 2023 ====================================================== 1.

Surendra Prasad Son of Late Ram Lakhan Sharma, Resident of VillageKatari, Police Station- Neemchak Bathani in the District of Gaya. 2.

Md. Jahangir Alam Son of Md. Jahiruddin, Resident of Village- Bandi, Police Station- Neemchak Bathani in the District of Gaya. 3.

Jagat Ram Son of Late Mundrika Ram, Resident of Village- Guljana, Police Station- Tekari in the District of Gaya.

4.

Anuj Kumar Son of Late Ram Charan Singh, Resident of Mohalla- Amir Mahal, Chhotaki Delha, Gaya, Police Station- Delha in the District of Gaya. 5.

Amerika Prasad Singh Son of Late Ram Dahin Singh, Resident of VillageBikepur, Police Station- Atri in the district of Gaya. 6.

Upendra Prasad Son of Late Raghunandan Mahto, Resident of VillageMajhiyama, Police Station- Paraiya in the District of Gaya. 7.

Laldeo Das Son of Sri Kameshwar Das, Resident of Village- Kasma, Police Station- Tekari in the District of Gaya.

8.

Rajaram Kumar Son of Late Nathun Sao, Resident of Village- Tetua, Police Station- Atri in the District of Gaya.

9.

Lalti Kumari Wife of Upendra Prasad, Resident of Village- Narauni, Police Station- Khizersarai in the District of Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Secretary, Expenditure, Finance Department, Government of Bihar, Patna.

4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The District Magistrate-cum-Collector, Gaya.

6.

The District Education Officer, Gaya.

7.

The District Program Officer (Estb.), Gaya.

8.

The Treasury Officer, Gaya Treasury, Gaya.

9.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate.

Mr. Ranjeet Kumar, Advocate.

For the State :

Mr. Jitendra Kr. Roy 1, SC-13.

For the A.G. Bihar :

Mr. Binod Kumar Labh, SC (I.A. & A.D.) ======================================================

Patna High Court CWJC No.5507 of 2023 dt.07-08-2023 2/3 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-08-2023 Heard Mr. Sunil Kumar, learned counsel along with Mr. Ranjeet Kumar, learned counsel appearing on behalf of the petitioner; Mr. Jitendra Kumar Roy, learned SC-13 for the State and Mr. Binod Kumar Labh, learned counsel for the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the petitioners submits that on account of incorrect fixation of pension, recovery has been made from the amount of gratuity payable to the petitioners. Petitioners are ready to file a detailed representation individually before the District Programme Officer (Establishment), Gaya - respondent no.7 for redressal of their grievance.

3.

The District Programme Officer (Establishment), Gaya - respondent no.7 is directed to call upon the records relating to all the petitioners and dispose of their individual representation in accordance with law as well as law laid down by the Apex Court in the case of State of Punjab and Others Vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334 and in the case of Amresh Kumar Singh & Ors. Vs. The State of Bihar & Ors. reported in (2023) SCC OnLine SC 496 within a period of six weeks from the date of

Patna High Court CWJC No.5507 of 2023 dt.07-08-2023 3/3 filing of the representation by the petitioners.

4. The writ petition, accordingly, stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 08.08.2023 Transmission Date N.A.