Md. Latafat Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16254 of 2015 =========================================================== Md. Latafat Hussain, S/o- Late Md. Asmat Hussain, Resident of Mohalla- L.N. Singh Lane, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Principal Secretary, Health & Family Welfare Department, Government of Bihar, Patna.

3. Deputy Secretary, Health & Family Welfare Department, Government of Bihar, Patna.

4. Under Secretary, Health & Family Welfare Department, Government of Bihar, Patna.

5. Treasury Officer, Bhagalpur.

6. Accountant General, A & E, Bihar, Birchandra Patel Path, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Ms. Roona, Advocate For the State :

Mr. M. K. Upadhyay, A.C. to G.P. 3 For the A.G.

:

Mr. Bindhyachal Rai, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-05-2017 Heard learned counsel for the petitioner, State and the Accountant General.

2. On the basis of submissions advanced and order recorded on 24.05.2017, learned counsel for the State, at the very outset submitted that final orders have been passed in the departmental proceeding by which the petitioner has been exonerated in the departmental proceeding. A copy of the order has been produced before the Court and also handed over to learned counsel for the petitioner. The same discloses that the authorities have also taken a decision that all legally admissible dues, pension as well as

Patna High Court CWJC No.16254 of 2015 dt.25-05-2017 2/2 post retiral dues, shall be paid to the petitioner.

3. The Court would like to record its appreciation of the role of learned counsel for the State to have made the authorities sensitive to the issue which has resulted in the matter being taken to its logical conclusion. The Court would also record its appreciation for the promptness shown by the Principal Secretary, Department of Health in having ensured that final orders were passed yesterday itself. The Court would further record that such conduct, both on behalf of learned State counsel and the State authorities indicates that where there is a will there is a way and things can be done promptly without breaking rules. This is one such example of pro-active action on behalf of the State.

4. Coming to the facts of the present case, the writ petition stands disposed off with a direction to the respondent no. 2 to ensure that all admissible dues, in accordance with law, along with all statutory interest, be paid to the petitioner within three months from the date of production of a copy of this order before him. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U