Jaiwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7998 of 2022 ====================================================== Jaiwant Singh S/o Late Nagendra Prasad Singh, Resident of Mohalla-Ram Ratan Lane, P.S.-Adampur, District-Bhagalpur (Bihar) At Present Residing at Village-Pakdih, P.S.-Jamtara, Dstrict-Jamtara (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Collector-Cum-District Magistrate, Banka 3.

Establishment Deputy Collector, Banka.

4.

Circle Officer, Barahat, Banka.

5.

Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Advocate For the Acct. Gen.

:

Mr. Vivekanand Kumar, Advocate For the State :

Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2023 Learned counsel for the petitioner is directed to file the hard copy of the writ petition in the Registry of Patna High Court.

Learned counsel for the petitioner, counsel for the State and counsel for the Accountant General present. Counsel for the petitioner submits that the present writ petition has been filed directing the respondent to pay all retiral dues including Gratuity, Group Insurance, Leave Encashment, dues salary from 23.06.2016 to 08.08.2018, Feruary, 2021 to July, 2021 and other retiral benefits with statutory interest at the bank rate for which the petitioner are legally entitled.

Patna High Court CWJC No.7998 of 2022(2) dt.09-02-2023 2/3 Counsel for the petitioner further submits that the petitioner had joined service on 28.12.1987 at the office of Deputy Director, Chakbandi Office, Muzaffarpur on the post of Amin and subsequently, he superannuated from his service on 31.07.2022 from the post of Revenue Kramchari at Circle Office, Barahat, Banka. Counsel for the petitioner further submits that upon retirement, he has not given his retiral dues till date. He is suffering from serious financial problem and presently under treatment of doctor. He is heart patient. Counsel further submits that petitioner has filed representation also but no decision has been taken by the authority till date.

Learned counsel for the State has not filed counter affidavit, whereas counsel for Accountant General has come who has written a letter on 03.06.2022 to the District Magistrate, Banka to do the needful towards payment of petitioner's arrears.

In this background, let the respondent no.2 is directed to take a decision on the representation filed by the petitioner before him vide Annexure-1 of the writ petition. The petitioner is at liberty to file a fresh representation with regard to the claim made in the writ petition and respondent no.2 shall pass

Patna High Court CWJC No.7998 of 2022(2) dt.09-02-2023 3/3 reasoned order and ascertain the admissible amount of the petitioner and shall also assure the payment of petitioner within ten weeks from the date of submission of the representation by the petitioner along with the order.

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

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