Yogendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13540 of 2015 ====================================================== Yogendra Kumar Singh , S/o Late Sahdeo Singh, R/o Village Sikathi, P.S. Bhabhua, Dist. -Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner-cum-Secretary, Public Health Engineering Department, Bisheshwaraiya Bhawan, Baily Road, Patna

2. The Chief Engineer (Mechanical), Public Health Engineering Department, Bisheshwaraiya Bhawan, Baily Road, Patna

3. The Superintending Engineer, H.P. (Mechanical Engineering Circle, Bihar Vetenary College, Patna- 14

4. The Executive Engineer, P.H. Mechanical Division, Bihar Vetenary College, Patna- 14

5. The Executive Engineer, Public Health Division, Bhabhua

6. The Accountant General (A&E), Bihar Birchand Patel Marg, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chakravarti Singh For the Respondent/s : AC to GP 13 Sri Raghvanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-07-2017 Heard Sri Chakravarti Singh, learned counsel for the petitioner, learned AC to GP No. 13 as well as Sri Raghvanand , learned counsel for the respondent no. 6 /Accountant General (Bihar).

The petitioner, who retired with effect from 30.6.2013 as Key- Man -cum -Choukidar from the office of Executive Engineer , Public Health Division, Bhabhua has approached this Court invoking its writ jurisdiction with a prayer for direction to the respondents to pay all his retiral dues. Earlier, a counter

Patna High Court CWJC No.13540 of 2015 (4) dt.24-07-2017 2/3 affidavit was filed on behalf of the respondent no. 5 ,wherein it was indicated that sanction letter was already issued and communicated to the Accountant General, Bihar in the month of July, 2016 itself. However, on 22.05.2017 after noticing the statement made by State counsel that sanction order was already issued a bench of this court directed the Accountant General , Bihar to file counter affidavit. Sri Raghvanand, learned counsel for the Accountant General, Bihar submits that he has received instruction and as per instruction pursuant to sanction letter issued by the State Government, Accountant General, Bihar has already issued authorisation vide letter no. Pen 03-1264 dated 28.9.2016 to the Treasury Officer, Bhabhua.

Since submission has been made by learned counsel for the Accountant General, Bihar on the basis of specific instruction , it is not necessary to defer the hearing for filing counter affidavit on behalf of the respondent /Accountant General, Bihar. Since authorization has already been issued by the Accountant General , Bihar that too in the month of September, 2016, there is no need to keep the matter pending.

Patna High Court CWJC No.13540 of 2015 (4) dt.24-07-2017 3/3 authority letter issued by the Accountant General, Bihar, to the account of the petitioner forthwith if till date it has not been transferred to the account of the petitioner. It goes without saying that if petitioner feels that still some grievance exists, he would be at liberty to avail appropriate remedy.

With above observation and direction, the writ petition stands disposed of .

(Rakesh Kumar, J) Praful/- U