Deo Prayag Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7978 of 2015 ======================================================

1. Deo Prayag Sharma, S/o Late Chandrika Singh, Resident of Village - Ramtari, P.S.-Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through, Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

2. Principal Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

3. Principal Secretary, Department of Health, Government of Bihar, Patna.

4. Principal Secretary, Department of Finance, Government of Bihar, Patna.

5. Director, Desi-Chikitsa, Government of Bihar, Patna.

6. District Magistrate/Collector, Patna.

7. Deputy Development Commissioner-cum-Chief Executive Officer, Patna Zila Parishad, Patna.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Yogendra Pd. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-05-2016 Heard Mr. Pramod Kumar Singh for the petitioner and Mr. Nikesh Kumar who has appeared on behalf of the respondent Zila Parishad, Patna ( for short 'the Parishad'). A counter affidavit on behalf of the Parishad is also filed . No rejoinder thereto is filed by the petitioner. The petitioner served the Parishad as Ayurvedic Officer and superannuated from service on 31.01.2015. As the entire post retiral dues were not paid to him he filed the present writ petition.

In the counter affidavit of the respondent Parishad, the details of payment of the post retiral dues made to

Patna High Court CWJC No.7978 of 2015 (2) dt.11-05-2016 2/2 the petitioner have been set out in para 5. It does appear therefrom that at least two dues of the petitioner, namely ( f) LIC amount and (g) arrears of salary due to 4th, 5th and 6th pay revision have not been paid to the petitioner .

Mr. Nikesh Kumar states that the payment under the head LIC amount shall be made to the petitioner upon receipt of the amount from the Corporation with which the Parishad has an agreement. In so far as the payment of arrears of salary is concerned, if the other employees have been paid those dues, the same shall also be paid to the petitioner once a representation in this regard is filed.

Having heard the parties, the writ application stands disposed of permitting the petitioner to make a representation before the Executive Officer of the Parishad for payment of the amount under the head(s) (f) LIC amount and (g) arrears of salary due to 4th, 5th and 6th pay revision. Once such a representation is filed, I am sure the said respondent will bestow consideration thereon and ensure payment of the dues under both the head(s) in accordance with law as quickly as possible preferably within 03 months of such presentation/filing. (Kishore Kumar Mandal, J) Shyam/- U