Nirmal Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15725 of 2015 =========================================================== Nirmal Kumar Singh S/o Late Pratap Narayan Singh Resident of Village Rauta, Police Station Saur Bazar, District Saharsa.

.... .... Petitioner/s

Versus

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

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

3. The Deputy Director Education (Primary Education), Bihar, Patna.

4. The REgional Deputy Director, Koshi Division, Saharsa.

5. The District Magistrate, Madhepura.

6. The District Program Officer, Madhepura.

7. The Treasury Officer, Madhepura.

8. The Block Education Extension Officer, Madhepura. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the State :

Mr. Prabhat Ranjan, AC to GP 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 19-09-2017 Heard learned counsel for the petitioner and State.

2. The petitioner had moved the Court for the following reliefs:

" (i) The respondent be directed to grant pension, as well as all post Retirement Benefits, including Gratuity, leave encashment, ACP, etc. to the petitioner in accordance with law, (ii) To pay the arrears of salary, (iii) To pay statutory interest over the whole arrear amount which is still due with the department.

Patna High Court CWJC No.15725 of 2015 dt.19-09-2017 2 / 2 (iv) Any other relief/reliefs for which the Hon'ble court deem fit and proper in the facts and circumstances of the case."

3. At the very outset, learned counsel for the petitioner submitted that payment of pension has started and other dues have been paid, except for consideration of the ACP, which is still pending.

4. Learned counsel for the State submitted that if a representation is filed before the Competent Authority, the same shall be considered and disposed off, in accordance with law.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a comprehensive representation with regard to his claim for ACP before the respondent no. 6.

6. If such representation is filed within four weeks from today, the same shall be considered and disposed off by passing a reasoned order within one month thereafter.

7. If any payment is required to be made in terms of the said order, the same shall also be paid to the petitioner within the next six weeks.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U