Banarsi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6266 of 2023 ====================================================== Banarsi Ram S/o late Kukhdawan Ram, R/o village Pipariya, P.S. Mohania, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate cum Collector, Kaimur at Bhabua. 3.

The Addl. District Magistrate, Kaimur at Bhabua. 4.

Deputy Collector of Land Reforms, Kaimur at Bhabua. 5.

Block Development Officer, Durgawati, Kaimur at Bhabua. 6.

Circle Officer, Durgawati, Kaimur at Bhabua.

7.

Treasury Officer, Kaimur at Bhabua 8.

The Accountant General, Bihar Patna.

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Respondent/s :

Mr. Manoj Kumar Sinha, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-07-2026 Heard Mr. Tribhuwan Narayan, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar Sinha, learned AC to Sc 19 for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "(I) To direct the respondent authorities to make payment monthly pension to the petitioner since 1.4.2017 till date and in future and also pay interest for delay in payment.

(II) To direct the respondent authorities to pay amount of gratuity rupees 429121 to the petitioners with statuary interest thereof. Since the petitioner has retired on 31.3.2017 from the post of Panchayat Secretary

Patna High Court CWJC No.6266 of 2023(15) dt.23-07-2026 2/3 and Accountant General, Bihar on 15.2.2019 issued P.P.O. No. 201911161180P0 but the respondent treasury officer Bhabua has not paid even a single penny to the petitioner till date. (III) To further direction to the respondent authorities to pay any other retiral dues which has not been paid to the petitioner."

3. Learned counsel appearing on behalf of petitioner informs this Court that petitioner is receiving 75% of the pension and remaining amount which was withheld because of pending departmental proceeding and now the departmental proceeding has been concluded and minor punishment have been imposed upon the petitioner. As a consequence of the completion of Departmental proceeding the petitioner becomes entitled for the payment of full pension.

4. Considering the aforesaid information and taking into consideration that the departmental proceeding has already been concluded, as stated in the supplementary counter affidavit, I am of the opinion that the claim of the applicant substantiated and have been paid. Requisition for the payment of full pension, gratuity and other admissible retiral dues has already been made as per the information contained in paragraph nos. 5 and 13 of the supplementary counter affidavit. The petitioner, if so advised, may file a detailed representation before the District Magistrate-cum-Collector, Kaimur at

Patna High Court CWJC No.6266 of 2023(15) dt.23-07-2026 3/3 Bhabua, for making payment of entire pension within a period of two weeks from the date of receipt/production of a copy of this order. Upon receipt of such representation, the District Magistrate-cum-Collector, Kaimur at Bhabua, shall consider the claim of the petitioner in the light of the final outcome of the departmental proceeding and, after due verification of the records, ensure payment of all admissible dues, by passing a reasoned order in accordance with law within a period of six weeks thereafter.

5. Accordingly, the present application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U