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Patna High CourtCWJC/6537/2023disposed

Ajay Kumar Jha v. The State Of Bihar

2023-08-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6537 of 2023 ====================================================== Ajay Kumar Jha Son of Late Dharm Kumar Jha, Resident of Village and PostLagama, P.S. Ghanshyampur, Distt.-Darbhanga (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Home Department, Govt. of Bihar, Patna. 3.

The Accountant General of Bihar, Patna.

4.

The Director General of Police Govt. of Bihar, Patna. 5.

The Deputy Inspector General of Police Koshi Division Saharsa, Distt.- Saharsa (Bihar).

6.

The Superintendent of Police, Supaul.

7.

The Distt. Magistrate, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Respondent/s :

Ms. Babita Kumari, AC to SC-1 For the A.G :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-08-2023 Heard Mr. Devendra Kumar, learned counsel appearing on behalf of the petitioner; Ms. Babita Kumari, learned AC to SC-1 appearing on behalf of the State and Mr. Arun Kumar Arun, learned counsel appearing on behalf of the Accountant General.

2. Learned counsel appearing on behalf of the petitioner informs that in spite of communication having been made by the Accountant General, Bihar to the Superintendent of Police, Supaul, no steps have been taken

Patna High Court CWJC No.6537 of 2023(2) dt.16-08-2023 2/3 to sanction the pension and payment of other retiral dues to the petitioner. From the records it appears that vide Letter dated 11.05.2023, the Senior Accountant, Bihar had written a letter to the Superintendent of Police, Supaul to sanction the retiral dues of the petitioner. However, it appears that no steps have been taken by the Superintendent of Police, Supaul, to make payment of admissible retiral dues to the petitioner in accordance with law.

3. Learned counsel further informs that the petitioner has filed a detailed representation before filing of the present writ petition, before the Superintendent of Police, Supaul to make payment of admissible retiral dues. He submits that the petitioner had retired from post of A.S.I. on 31.03.2021 from Supaul, however, the Superintendent of Police, Supaul has sat tight over his representation for the relief(s) as prayed for in the present writ petition.

4. Considering the specific submission made on behalf of the petitioner the Superintendent of Police, Supaul is directed to ensure to make payment of all the retiral dues admissible to the petitioner in accordance with law and also ensure to sanction pension in favour of the petitioner by

Patna High Court CWJC No.6537 of 2023(2) dt.16-08-2023 3/3 communicating the same to the Accountant General, Bihar for fixation of pension and its payment. The admissible retiral dues and pension is directed to be paid to the petitioner preferably within six weeks from the date of filing of the representation without any further delay in accordance with.

5. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- Nilmani/- U