Patna High CourtCWJC/2210/2015dismissed

Vikram Prasad Yadav v. The State Of Bihar And ORS

2015-02-13Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2210 of 2015 ====================================================== Vikram Prasad Yadav, son of late Parasnath Yadav, resident of village Herudiyar, P.S. Kasim Bazar, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Home

2. Inspector General, Jail Bihar, Patna

3. Accountant General, Bihar, Patna

4. District Magistrate, Munger

5. Jail Superintendent, Munger

6. Treasury Officer, Munger

7. Chief Secretary, Jharkhand at Ranchi

8. Secretary Home, Jharkhand at Ranchi

9. Auditor General Jharkhand at Ranchi

10. District Magistrate, Bokaro Jharkhand

11. Superintendent of Jail, Tenughat .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Respondent/s : Mr. Sanjay Singh, AC to GA4 For the State of Jharkhand: Mr. Sanjiv Jaiswal, Adv. For the A.G. : Mr. Raj Nandan Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-02-2015 Heard learned counsel for the parties.

The prayer of the petitioner in this writ application reads as follows:

"1. That this is a writ application in nature of Mandamus or appropriate writ or orders for the following relief:- (A) Forth payment of retiral dues of one Parasnath Yadav (died on 12.11.2012) his following retiral dues is yet to be paid i- Provident of amount ii- Fixation of pay scale iii- Promotion dues iv- Due salary of suspension period

Patna High Court CWJC No.2210 of 2015 (3) dt.13-02-2015 v- Leave salary vi- Gratuity vii- Interest permissible under law."

Admittedly the husband of petitioner, who was the employee, had died on 12.11.2012 while working in Sub Jail, Tenughat, Bokaro (in the State of Jharkhand). His retiral benefit has been granted by the I.G., Prison, Ranchi, Govt. of Jharkhand on the recommendation of the Accountant General, Ranchi. In that view of the matter, any and every cause of action for retiral benefit would only be beyond the territorial jurisdiction of this Court. This writ application, therefore, before this Court is not maintainable and is, accordingly, dismissed. (Mihir Kumar Jha, J) surendra/- U