Ramchandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9328 of 2020 ====================================================== 1.

Ramchandra Mahto S/o Late Ramnarayan Manto R/o Vill- Jhanghawa Semara Tola, P.O.- Maharajganj, P.S.- Dauraola, District- Siwan at presentFlate No.- B/404, Jagmano Shree Garden, Ved Nagar, Rukanpura, Baily Road, Patna- 14.

2.

Lallan Prasad Yadav S/o Late Rambhajan Yadav R/o Vill- Sikanarpur, P.O.- Lahsuns, P.S.- Masaurih, District- Patna.

3.

Ramnandan Singh S/o Late Babu Lal Singh R/o Vill- Berhna, P.O.- Barh, District- Patna.

4.

Ramkrishna Singh S/o Late Mithila Saran Singh R/o Vill- Naya Tola, Goraiya Sthan, P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Revenue Department, State of Bihar, Patna. 3.

The Bihar State Religious Trust Board through Chairman Vidya Pati Marg, Patna.

4.

The Administrator, Bihar State Religious Trust Board, Patna. 5.

Assistant Superintendent, Bihar State Board of Religious Trust Vidya Marg, Patna-1.

6.

Accountant General, State of Bihar, Patna.

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

For the Petitioner/s :

Mr.Rajkumar Rajesh, Advocate Mr.Ranvijay Singh, Advocate Mr.Girish Chandra, Advocate For the Religious Trust Board:

Mr.Shekhar Singh, Advocate For the Respondent/s :

Md.Faiz Ahmad, AC to GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-08-2023 Heard Mr. Rajkumar Rajesh, learned counsel appearing on behalf of the petitioners; Mr. Shekhar Singh, learned counsel for the Religious Trust Board and Md. Faiz Ahmad, learned AC to GP 14 for the State.

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2. Learned counsel appearing on behalf of the petitioners informs that though the respondents have paid all the retiral dues to the petitioners under different heads, the interest on account of delay in making payment of retiral dues to the petitioners is due. The calculation chart annexed with the supplementary counter affidavit is not acceptable, as apparently one can detect mistake from the fact that the last pay drawn by the petitioners was Rs.30,000/-.

3. In these backgrounds, leaned counsel for the petitioners submits that the petitioners seek to file a detail representation before the Chairman of the Bihar State Religious Trust Board for grant of interest on account of delay in making payment of retiral dues under different heads to the petitioners from the date the petitioners have retired till the date of payment of retiral dues and also for other reliefs.

4. Learned counsel for the State has referred paragraph nos.4, 5, 6 and 7 of the supplementary counter affidavit filed on behalf of respondent nos.3, 4 and 5, which is reproduced hereinafter as under : - "4. That it is respectfully submitted that the petitioner No. 1 Ramchandra Matho retired on 31.03.2013. He was paid Rs. 4,61,635/- which was on account of arrears of salaries and provident fund payable to the petitioner. After adjusting the amount paid to him earlier against the arrear

3/4 salaries, he had been paid his rest amount of arrears of salaries Rs.87,211/- including provident fund vide cheque no. 497370 dated 02.05.2013.

5. That it is respectfully submitted that the petitioner No. 2 Lalan Prasad Yadav retired on 31.12.2009. That similarly the petitioner no.2 Lalan Prasad Yadav was paid Rs. 3,40,992/- vide cheque no. 297530 dated 12.10.2010 towards his arrears of salaries after adjustment of payments earlier made to him.

6. That the petitioner no. 3 Ramnandan Singh retired on 29.02.2004. He has already been paid his entire dues in the light of the order of this Hon'ble Court passed in CWJC No. 4787 of 2005 and MJC No. 3261 of 2009.

7.That the petitioner no. 4 Ramkrishna Singh retired on 31.01.2002. His arrears of provident fund were paid vide cheque no. 725413 dated 12.02.2010 of Rs. 1,64,349/- after adjusting the payment previously made."

5. Considering the willingness of the petitioners, the Chairman of the Bihar State Religious Trust Board is directed to dispose of the representation of the petitioners within a period of six weeks from the date of filing of the representation ensuring payment of statutory interest on account of delay in making payment of retiral dues to the petitioners under different heads from the date of entitlement till the date of payment of retiral dues. He will also look into the other grievances of the petitioners as made in their representation within the aforesaid period of six weeks.

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6. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- U