Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10166 of 2021 ====================================================== Dilip Kumar S/o-Late Ramanand Mahto Resident of Village and P.S.- Sonbarsa, District-Sitamarhi.

... ... Petitioner/s

Versus

1.

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

The District Collector, District-Sitamarhi.

3.

The Subdivisional Officer Subdivision Ditamarhi District-Sitamarhi. 4.

The Block Development Officer, Sonbarsa, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-01-2023 Learned counsel for the petitioner has filed the present writ petition to pay the entire retiral dues such as group insurance, provident fund, gratuity, leave encashment and to fixed the pension of the petitioner with effect from 01.02.2018 as the petitioner retired from his service from the post of Panchayat Secretary on 31.01.2018.

Counsel for the petitioner submits that petitioner was retired from the post of Panchayat Secretary from Sonbarsa block office since 31.01.2018. Vide order dated 14.11.2022, it was directed to the respondent to file counter-affidavit and to pay the admissible dues of the petitioner. The counter-affidavit has been filed today by respondent no.4 (Controlling Officer of the petitioner). It has been categorically stated in Paragraph 5 and 6 of the counter-affidavit that the admissible dues of the

Patna High Court CWJC No.10166 of 2021(4) dt.11-01-2023 2/2 petitioner towards GPF that is Rs.6,35,405/- and amount of GIC that is Rs. 2,33,444/- has been sanctioned and paid. In this regard, the corresponding annexure has been filed. It has been submitted by the respondent that record of the government showing Rs.31,68,217/- dues against the petitioner which he has not returned and therefore, a department of proceeding has been directed to be initiated against the petitioner.

In the light of the above said discussion, the present writ petition is disposed off with a direction to the petitioner that he shall assist in the departmental proceeding and after acquiring the finality of the said proceeding, the respondent is directed to pay all of his admissible arrears. He is at liberty to move before the concerned respondent to release the payment which shall not be the subject of the department of the proceeding.

With this direction, this writ application stands disposed off.

(Dr. Anshuman, J.) prakashmani/- U