Mangal Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14256 of 2017 ====================================================== Mangal Prasad Singh, Son of Late Sachita Prasad Singh, Resident of Village P.O.- Amouna, P.S.- Daudnagar, Dist.- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Principal Secretary Finance Department, Govt. of Bihar, Patna. 4.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

5.

The Engineer-in-chief-cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, 6.

The Chief Engineer Mechanical Public Health Engineering Department, Govt. of Bihar, Patna.

7.

The Superintending Engineer, Public Health Engineering Circle- Gaya. presently PH. Engineering Circ 8.

The Executive Engineer, Public Health Division Aurangabad, Dist.- Aurangabad.

9.

The Accountant General A and E, Bihar, Patna. 10.

The District Accounts Officer, Aurangabad.

11.

The Treasury Officer, Aurangabad.

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

For the Petitioner/s :

Mr. Siyaram Pandey, Advocate Mr. Santosh Kumar Jha, Advocate For A.G.

:

Mrs. Nivedita Nirvikar, Sr. Advocate For the Respondent/s :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-03-2023 Heard Mr. Siyaram Pandey, learned counsel assisted by Mr. Santosh Kumar Jha, learned counsel appearing on behalf of the petitioner, Mrs. Nivedita Nirvikar, learned Senior Counsel appearing for Accountant General and Mr. Manoj Kumar learned AC to GP-4 for the State.

Patna High Court CWJC No.14256 of 2017(7) dt.24-03-2023 2/3

2. Learned counsel appearing on behalf of the petitioner submitted that all the retiral dues of the petitioner, including the pension, has been fixed and as per his entitlement the pension is being regularly paid to the petitioner.

3. Considering the aforesaid submission made on behalf of the petitioner as well as averments made in paragraph Nos. 11, 12, 13 and 14 of the counter affidavit, which are reproduced as under:

"11. That, the respondent has paid all his legitimate pensionary benefit including fixation of pension. It is pertinent to mention that his pension has been fixed as per the Para-5(v) of the circular issued by Finance Department Vide Circular No. 10710 dated 17.10.2013.

12. That, it is submitted that the petitioner has already been granted pay revision from 01.07.2008 up to 31.08.2013 till his superannuation vide office order no. 65 contained in memo no. 1139 dated 29.07.2016.

13. That, it is submitted that the petitioner has already been granted leave encashment a sum of Rs. 82,264/- vide office order no. 33 contained in memo no. 331 dated 03.03.2014.

14. That, it is submitted that the petitioner has already been granted final withdrawal of GPF amount a sum of Rs. 10,758/- vide office order no. 60 dated 25.06.2015."

4. This Court finds that if the petitioner is

Patna High Court CWJC No.14256 of 2017(7) dt.24-03-2023 3/3 aggrieved by nonpayment of dues in any head, he may represent before the competent authority. The competent authority is directed to dispose of the representation of the petitioner by passing a reasoned order within a period of three months from the date of filing of such representation.

5. With the above observations and directions, the present writ petition stands disposed.

(Purnendu Singh, J) manish/minu U