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Patna High CourtCWJC/14674/2017disposed

Surendra Prasad Singh v. The State Of Bihar And ORS

2020-09-18Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14674 of 2017 ====================================================== Surendra Prasad Singh Son of Late Binay Prasad Singh, Resident of VillageRoshanpur, P.O. Panapur Kariyat, P.S. Kanti, District-Muzaffarpur, the retired Panchayat Secretary under Aurai Block, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Muzaffarpur, District-Muzaffarpur. 3.

The District Panchayati Raj Officer, Muzaffarpur, District-Muzaffarpur. 4.

The District Provident Fund Officer, Muzaffarpur, District-Muzaffarpur. 5.

The Block Development Officer, Aurai, District-Muzaffarpur. 6.

The Accountant General Bihar.Patna.

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

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Respondent/s :

Smt. Archna Meenakshee -GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard the parties.

Following relief(s) have been sought for by the petitioner in the present writ application:

"(I) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the Respondent Authorities for payment of the retirement benefits to

Patna High Court CWJC No.14674 of 2017(4) dt.18-09-2020 2/3 the petitioner under the following Heads:- (a) Gratuity;

(b) Pension (c) Group Insurance;

(d) Earned Leave;

(e) General Provident Fund; and (f) other admissible dues for which the petitioner is entitled in accordance with law on account of his retirement.

(II) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the Respondent Authorities to pay the aforesaid dues of the petitioner arising out of his retirement benefit with interest on the ground that the payments of the retirement benefits of the petitioner has been delayed on account of deliberate action of the Respondent Authorities and no fault can be attributed to the petitioner.

(III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be entitled under the facts and circumstances of the case".

Considering the relief(s) sought for in the present writ application, the petitioner is directed to file/make a detail representation before the District Provident Fund Officer, Muzaffarpur (respondent No. 2) who shall consider the

Patna High Court CWJC No.14674 of 2017(4) dt.18-09-2020 3/3 representation of the petitioner and pass appropriate order in accordance with law within a period of three months from the date of filing/making of such representation. The respondent-authority shall be under obligation to make payment of admitted dues of the petitioner within a period of two months from the date of passing of order on representation.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U