Akshay Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11538 of 2008 ====================================================== Akshay Prasad, son of late Kanti Prasad, Resident of village - Fatehpur, Police Station - Sahkund, District Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate -cum- Collector, Banka.

3. The Deputy Collector (Establishment) Banka.

4. Circle Officer, Amarpur Banka.

5. The Accountant General, Birchand Patel Path, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Kumar Singh For the Respondent/s : AC to SC - 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

20-08-2015 Heard Sri Rajiv Kumar Singh, learned counsel for the petitioner and learned A.C. to Standing Counsel - 22. The petitioner, who retired in the year 2005, has approached this Court by filing the present writ petition in the year 2008, with a prayer to direct the respondents to grant monetary benefit, in view decision taken in favour of the petitioner for grant benefit of 2nd A.C.P.

In this case, a counter affidavit has been filed on behalf of respondent no. 2 and 4 i.e. the District Magistrate-cumCollector, Banka and the Circle Officer, Amarpur, Banka. In the counter affidavit, the claim of the petitioner has not been disputed, rather in paragraph - 13 of the counter affidavit, it has been stated that as soon as allotment is made, the petitioner shall be paid. The

Patna High Court CWJC No.11538 of 2008 (3) dt.20-08-2015 2/2 counter affidavit was filed on 06-05-2015.

In view of the fact that the respondent have already admitted the claim of the petitioner i.e. in relation to Rs. 7,769/- as different of salary and Rs. 1132/- different of amount in the leave encashment, the Court is of the opinion that writ petition can be disposed of with direction to respondents particularly respondent no. 2/District Magistrate, Banka to take all steps so that amount admitted in the counter affidavit may be paid to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order.

It goes without saying that if same is not paid within aforesaid time, the petitioner shall be entitled to claim interest on the said amount @ 6% per annum and interest amount shall be recoverable from the pocket of the officer/employee responsible for non-payment of the amount to the petitioner within time. The writ petition stands disposed of.

(Rakesh Kumar, J.) Anay U