Dhaneshwar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3041 of 2014 =========================================================== Dhaneshwar Paswan Son of Late Prayag Paswan, Resident of Village Anjani Ghat, Police Station Birupur, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Primary and Secondary Education, Government of Bihar, New Secretariat, Patna.

3. Director, Primary Education, Bihar, Patna.

4. Regional Deputy Director, Education, Munger.

5. District Education Officer, Sheikhpura.

6. District Programe Officer, Establishment, Sheikhpura.

7. District Provident Fund Officer, Sheikhpura.

8. Treasury Officer, Sheikhpura.

9. Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate. For the State : Mr. Ajay Bihari Sinha, S.C. 19.

Mr. Suryakant Kumar, A.C. to S.C. 19.

For the Accountant General : Mr. J. P. Karn, Senior Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 29-09-2015 Heard learned counsel for the parties.

Pursuant to order dated 22.09.2015, the Principal Secretary, Education Department, Government of Bihar is present in Court along with his counter affidavit.

It is agreed at the Bar that the admitted dues of the petitioner have been paid and thus the writ petition having become infructuous stands disposed off.

From the counter affidavit and submissions made by the Principal Secretary, it appears that he has taken steps to train and sensitize the field officers so that matters relating to payment of at least admitted dues to the retired employees is done

Patna High Court CWJC No.3041 of 2014 dt.29-09-2015 2/2 expeditiously and within a reasonable time in accordance with the relevant rules. The Principal Secretary has assured the Court that he is himself monitoring such cases specially those sub-judice before the Court. The Principal Secretary has also informed the Court that there is a departmental forum for redressal of such grievances and if persons approach the said forum, prior to coming before the High Court, the High Court will not be burdened with so many cases. This Court would only observe that if a forum is there, definitely it is advisable for persons first to approach that forum and further that if actually the forum starts functioning in the true spirit for which it is created, this Court has no doubt that persons themselves would approach the forum rather than moving the Courts as that would be an alternative efficacious remedy for them.

Upon hearing him, this Court is satisfied that the Principal Secretary has taken pro-active steps and is hopeful that with the pressure maintained, he will be able to bring matters upto-date as far as payment of at least admitted dues to retired employees are concerned.

(Ahsanuddin Amanullah, J.) P. Kumar U T