Patna High CourtCWJC/7820/2008disposed

Indradeo Prasad Singh v. The State Of Bihar And ORS

2016-09-02Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7820 of 2008 =========================================================== Indradeo Prasad Singh, son of late Raghunandan Prasad Singh, resident of village Mustfapur, P.O. Malti, P.S. Asthama, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, R.E.O., Visesraja Bhawan, Patna.

3. The Engineer-in-Chief, R.E.O., Darbhanga.

4. The Superintending Engineer, R.E.O., Darbhanga.

5. The Executive Engineer, R.E.O., Samastipur.

6. The Collector, Chapra

7. The Block Development Officer, Taraiya Block, District Chapra.

8. The Accountant General, Bihar, Patna.

9. The District Provident Fund Officer, Chapra. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Bhola Prasad, Advocate For the Respondent No. 8 : Raj Nandan Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL JUDGMENT Date: 02-09-2016 Petitioner has filed the instant writ application for payment of his retiral benefit on the basis of revised pay-scale with interest on delayed payment.

The petitioner retired, on 30.06.1999, as Junior Engineer from Taraiya Block, Chapra. He earlier moved this Court in C.W.J.C. No. 13291 of 2003, for payment of retiral dues, which was disposed of, on 12.12.2003, in terms of general direction of this Court passed in C.W.J.C. No. 13099 of 2003 (Dr. Mahendra Jha

Patna High Court CWJC No.7820 of 2008 dt.02-09-2016 2/2 Vs. State of Bihar & Ors.).

Counter affidavits have been filed on behalf of respondent nos. 5, 8 and 9. They submit that the GPF amount of the petitioner has been paid with statutory upto date interest amounting to Rs.1,03,496/-, vide letter no. 1279, dated 10.07.2004. Furthermore, steps have been taken to ensure payment of balance of the retiral dues on revised pay-scales.

Having regard to the facts and circumstances of the case, this Court directs respondent nos. 3 and 4 to ensure that if the retiral dues of the petitioner has not been paid as per the revised pay-scale, the same should be paid within four months, failing which, the petitioner would be entitled to interest on the unpaid amount @ 8% per annum.

With the aforesaid direction, the writ application is disposed (Samarendra Pratap Singh, J.) kunal/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2016 Transmission Date NA