Shiv Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5900 of 2015 ====================================================== Shiv Kumar Singh, Son of Late Lakhdeo Singh, Resident of villageMajhwaliya, P.O.- Majlishpur, P.S.- Kopa , District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director Primary cum Secretary Education, Government of Bihar, Patna.

3. The District Magistrate, Saran at Chapra.

4. The District Programme Officer, (Establishment) Saran at Chapra.

5. The District Provident Fund Officer Saran at Chapra.

6. The Treasury Officer, Saran at Chapra.

7. The Head Master Prabhunath Singh High School Deoria Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Advocate.

For the Respondent/s :

Mr. Nirbhay K.Singh, GP 26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 29-06-2015 Learned counsel for the petitioner prays for and is allowed to make necessary correction in the cage column of the writ application in respect of respondent no. 5 by amending District Programme Fund Officer as District Provident Fund Officer, Saran at Chapra.

2. Having regard to the fact that the petitioner's pension payment order and gratuity payment order as well as order of commutation pension have already been issued by the office of the Accountant General way back on 8th August 2014, this Court, keeping in view the averment made by the petitioner in this writ application that his amount of pension and commutation of

Patna High Court CWJC No.5900 of 2015 (2) dt.29-06-2015 2/2 pension has not been paid as yet whereas the amount of gratuity has already been paid, would deem it expedient in the ends of justice to direct the Treasury Officer, Saran at Chapra to ensure that either the payment of the amount, already sanctioned by the office of the Accountant General on the head of pension and commutation pension, be paid to the petitioner within a period of one month from the date of receipt of a copy of this order or at least the reason for non payment should be communicated to the petitioner.

3. As with regard to the claim of the petitioner for nonpayment of the amount of G.P.F., it will be the duty of the District Provident Fund Officer, Saran to examine such claim of the petitioner and he would also take similar steps i.e. either he shall pay the admitted amount of G.P.F. to the petitioner with statutory interest within a period of one month from today or at least communicate the reason for its non-payment to the petitioner in the same period.

4. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U