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Patna High CourtCWJC/8599/2019disposed

Binod Kumar Thakur v. The State Of Bihar

2020-06-15Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8599 of 2019 ====================================================== Binod Kumar Thakur S/o- Late Yogendra Thakur resident of Hari Shankar Maniyari, P.S.- Maniyari, District- Muzaffarpur retired as Panchayat Secretary, Gram Panchayat Rampur Veriyahi, Block- Motipr, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3.

The District Panchayat Raj Officer, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur, District- Muzaffarpur. 5.

The Block Development Officer, Motipur, District- Muzaffarpur. 6.

The Accountant General, Bihar, Birchand Patel Patna, Patna. 7.

The Provident Fund Commissioner, Bihar, Patna. 8.

The District Provident Fund Officer, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr.Kameshwar Prasad Gupta (GP-10) Mr. Satyendra Kumar Jha, Advocate for A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and the State as well as the Accountant General.

The grievance of the petitioner relates to post retiral dues.

In the counter affidavit filed on behalf of the respondent Nos. 3,4 and 5, in para-9 following statement has been made:- "9. That the statement made in para-16 of the writ

Patna High Court CWJC No.8599 of 2019(3) dt.15-06-2020 2/3 application, is denied. It submitted that the following Retiral Benefits have been paid to the petitioner- "(i) Encashment of unutilized Earned Leave amounting Rs. 3,18,300/- was paid on 30.03.2017. (ii) G.P.F. amounting Rs. 3,29,237/- was paid on 21.09.2019.

(iii) G.I.C. Rs. 18,368/- was paid on 21.9.2019. (iv) Pension & Gratuity Pension papers along with service book have been sent to A.G. Bihar, Patna for Sanction of Pension & Gratuity vide B.D.O., Motipur letter no. 5092 dated 28.10.2019."

In the light of the stand taken in the counter affidavit filed on behalf of respondent Nos. 3 to 5, the writ petition is disposed of.

In the event the petitioner is aggrieved by calculation in the post retiral dues or any other grievance which has not been properly addressed, liberty shall be available to the petitioner to file representation addressed to the District Magistrate, Muzaffarpur who shall look into the grievance raised by the petitioner and pass appropriate reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order. If any amount is found due and payable to the petitioner, the District Magistrate, Muzaffarpur shall ensure payment of admissible dues with the aforesaid time frame of three months.

Patna High Court CWJC No.8599 of 2019(3) dt.15-06-2020 3/3 With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U