Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7335 of 2022 ====================================================== Bhola Chaudhary Son of Late Butan Chaudhary, Resident of Village - Chhotki Sandia, Chanda, P.S. -Arrah Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Health Department, Govt. of Bihar, Patna.

2.

The Director-in-Chief, Health Services, Govt. of Bihar, Patna. 3.

The Civil Surgeon Cum Chief Medical Officer, Buxar. 4.

The Accountant General, (A & E), Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Karn, Advocate For the State :

Mr. Nagendra Pd. Yadav ( SC- 23 ) For the Accountant Gen. :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-02-2023 Learned counsel for the petitioner, counsel for the State and counsel for the Accountant General present. The present writ application has been filed seeking a direction to make the payment of retiral dues to the petitioner towards amount of Gratuity, amount of Leave Encashment, benefit of Dynamic ACP, Statutory interest @ 5% on delayed payment and Litigation Cost.

Counsel for the petitioner submits that he has filed his representation but no order has been passed but during pendency of the writ petition some payment has been paid and some of the grievances are still not settled. Counsel for the petitioner seeks permission to disposed off this petition with

Patna High Court CWJC No.7335 of 2022(2) dt.06-02-2023 2/2 liberty to file a fresh representation with regard to non-paid arrears.

The Civil Surgeon-cum-Chief Medical Officer, Buxar (Respondent no.3) is directed to consider the claim of the petitioner and pass a reasoned order about admissibility of arrears of his pension with speaking and reasoned order within six weeks from the date of receiving the fresh representation alongwith the order passed by this Court. In case of admissible dues of the petitioner towards pension and other retiral dues, his calculation be provided to him and payment be assured within eight weeks thereafter and in the heads in which he was not found entitled, a reasoned and speaking order shall be communicated within the said period.

With this direction, the present writ application is disposed off.

(Dr. Anshuman, J.) ravishankar/- U