Patna High CourtCWJC/15956/2014disposed

Tileshwar Rai v. The State Of Bihar And ORS

2016-01-30Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15956 of 2014 ====================================================== Tileshwar Rai S/o Late Dudh Nath Roy, resident of Village- Telar, P.S.- Agiaon, District Bhojpur (Ara) .... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Department of Human Resources

2. District Education Officer, Bhojpur (Ara)

3. Block Education Officer, Piro .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Respondent/s : Mr. Dinbandhu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-01-2016 Heard Sri Abhay Kumar Roy, learned counsel for the petitioner and learned AC to GP No. 9.

The petitioner who retired with effect from 31.1.2014 as Headmaster from Barnow Upgraded Middle School has approached this court by filing the present writ petition with a prayer for direction for payment of gratuity, pension, commuted value of pension and direction to the respondent no. 3 to issue no objection certificate.

In the writ petition a specific stand was taken that P.P.O. was already issued by the office of the Accountant General in respect of pension, gratuity and commuted pension order but due to non issuance of no objection certificate payment was not

Patna High Court CWJC No.15956 of 2014 (2) dt.30-01-2016 2/2 made.

In this case a counter affidavit has been filed on behalf of respondent no. 2 and in paragraph - '9' a specific stand has been taken that no dues certificate has already been issued on 12.1.2015.

Learned counsel for the petitioner submits that despite his best effort he is not in a position to get any instruction from his client.

Accordingly in view of the fact that no objection certificate has already been issued and the fact that authorization was issued by the Accountant General, the court proposes to dispose of the writ petition with an indication that if the petitioner feels that even after issuance of no objection certificate the retiral dues has not been paid to the petitioner, he would be at liberty to approach this court again.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U