Uma Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15502 of 2014 ====================================================== Uma Shankar Singh, son of Late Ram Roop Singh resident of VillageSurwal, P.S.- Zeeradei, District- Siwan .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna

2. The Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna

3. The Principal Secretary, Department of Education, Government of Bihar, Patna

4. The District Magistrate, Chapra

5. The Sub Divisional Officer, Sadar Sub Division, Chapra

6. The District Program Officer, Gopalganj

7. The Treasury Officer, Chapra

8. The Treasury Officer, Siwan

9. The Accountant General, Birchand Patel Marg, Patna

10. The District Provident Fund Officer, Chapra .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Adv. For the Respondent/s : Mr. AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-01-2016 Learned counsel for the petitioner, in presence of learned AC to GA-12 as well as learned counsel for the Accountant General, makes a prayer for allowing him to implead the District Provident Fund Officer, Chapra as Respondent no.10 in course of the day.

The prayer is allowed.

Heard learned counsel for the petitioner, learned State Counsel and learned counsel for the Accountant General, Bihar. The petitioner, who retired with effect from

Patna High Court CWJC No.15502 of 2014 (2) dt.30-01-2016 2/3 31.12.2012, has approached this Court invoking its writ jurisdiction, with a prayer to direct the Respondents to pay all retiral dues. It was submitted that even though the petitioner retired on 31.12.2012 as Supply Inspector from Chapra, till date nothing has been paid despite the fact that the petitioner has filed several representations before the authority concerned. The Court is of the opinion that the writ petition can be disposed of with an observation that the petitioner may file a detailed representation regarding his retiral dues before the concerned authority within a period of six weeks from today.

If such representation is filed with supporting documents, the concerned Respondents are required to examine the same and take steps for clearing all the retiral dues of the petitioner within a period of three months from the date of filing of such representation. Even in case of refusal of the claim, the concerned Respondents are required to pass a speaking order and communicate the same to the petitioner within the aforesaid time. It is made clear that immediately after receipt of sanction order from the State Government, the Accountant General may issue authorization within a period of one month.

Patna High Court CWJC No.15502 of 2014 (2) dt.30-01-2016 3/3 petitioner if representation is filed within six weeks from today and pass appropriate order. It goes without saying that the petitioner shall be entitled to get up-to-date statutory interest on the entire claim.

With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U