Sushila Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8616 of 2019 ====================================================== Sushila Kumari W/o Ramawtar Yadav R/o Mohalla-Barmasia, Mirchia Bari, P.S. and District-Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna 2.

The Director Primary Education, Bihar, Patna 3.

The District Education Officer Katihar 4.

The District Programme Officer (Establishment) Katihar 5.

The District Programme Officer Primary Education and Sarva Shiksha Abhiyan, Katihar 6.

The Block Education Officer Katihar 7.

The Accountant General Bihar, Patna 8.

The Treasury Officer Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the State :

Mr. M. Mishra, AC to SC-16 for the AG Mr. L.P.K. Rajgrihar, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

Petitioner retired from the post of Incharge Headmistress on 31.10.2016 from the Middle School, Mirchai Bari and no dues certificate has been issued on 16.01.2017 by the respondent no. 5, the District Programme Offier (Primary Education and Sarva Shiksha Abhiyan), Katihar.

Patna High Court CWJC No.8616 of 2019(2) dt.22-04-2019 2/3 Learned counsel for the Accountant General submits that already a PPO has been issued in favour of the petitioner for gratuity and the gratuity amount payable to the petitioner has been calculated as Rs. 9,37,481/-.

Learned counsel for the petitioner submits that if certain dues are to be recovered, the petitioner is ready to adjust the said amount for which a representation has been filed which is Annexure-7 wherein it has been specifically stated that she is ready to adjust the amount of Rs. 57,000/- due to her and make payment of remaining amount of gratuity of Rs. 9,37,481/-. Considering the nature of claim made by the petitioner, let the petitioner file a detailed representation before the respondent no. 4, the District Programme Officer (Establishment), Katihar which will be disposed of within a period of three months from the date of filing of such representation. Any amount due to the petitioner along with admissible interest would be paid within two months thereafter. If certain deductions are to be made, the same shall be done by a speaking order but considering the fact that already the District Programme Officer (Primary Education and Sarva Shiksha Abhiyan), Katihar, respondent no. 5 has issued a no dues certificate in favour of the petitioner. The said order shall be

Patna High Court CWJC No.8616 of 2019(2) dt.22-04-2019 3/3 communicated to the petitioner by registered post. Writ application is disposed of accordingly.

(Nilu Agrawal, J) devendra/- U