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Patna High CourtCWJC/14870/2017disposed

Raghuni Prasad Yadav v. The State Of Bihar And ORS

2021-07-05Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14870 of 2017 ====================================================== Raghuni Prasad Yadav S/o Late Khushi Yadav, Resident of Village- Pilachak, P.O.- Alien Khan, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary Co-operative Department Govt. of Jharkhand at Ranchi.

3.

The Register Co-operative Department, Govt. of Bihar. 4.

The Joint Registrar Vigilance Co-operative Societies Bihar, Patna. 5.

The Managing Director, Co-operative Societies, Bihar, Patna. 6.

The Registrar Co-operative Departmetn Govt. of Jharkhand at Ranchi. 7.

The Assistant Registrar, Co-operative Societies, Dumka Jharkhand. 8.

The Deputy Commissioner D.C. District Dumka Jharkhand. 9.

The Account General Bihar Patna, Beerchand Patel Path, Patna. 10.

The District President officer District Dumka, Jharkhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Respondent/s :

Mr.Syed Ikbal Ahmad -SC-20 For AG : Mr. Ram Kinker Choubey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-07-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

2. Heard learned counsel for the parties.

3. It is the petitioner's claim that while serving under the Cooperative Department in the State of Bihar before its reorganization, he had retired while posted at Dumka in October, 1996. It is his grievance that till date he has not been paid his post retiral dues and has been made to suffer without any valid

Patna High Court CWJC No.14870 of 2017(12) dt.05-07-2021 2/3 reason.

4. This writ application has been filed nearly 21 years after the petitioner is said to have retired on attaining the age of superannuation.

5. Counter affidavits have been filed on behalf of the State of Bihar and the State of Jharkhand from which it appears that there have been correspondence between the two States relating to updating the petitioner's service book for the purpose of considering the petitioner's claim for grant of post retiral dues. It is an admitted position, as it appears from the counter affidavits filed on behalf of the two States that presently the service book of the petitioner is lying in the office of the Registrar, Cooperative Department, Jharkhand.

6. Be that as it may, considering the nature of grievance, which the petitioner has raised and the facts, which have been asserted in the counter affidavit filed on behalf of the State of Bihar, this writ application is disposed of with a direction to the Registrar, Cooperative Department, Government of Bihar to consider the petitioner's claim and take all possible steps to ensure that the petitioner is paid his admitted post retiral dues within six months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.14870 of 2017(12) dt.05-07-2021 3/3 7.

The Registrar, Cooperative Department, Government of Jharkhand shall be obliged to extend all cooperation to the Registrar, Cooperative Department, Government of Bihar for finalization of the petitioner's claim. The petitioner shall be at liberty to enclose a representation along with the present order before the Registrar, Cooperative Department, Govt. of Bihar, raising his claim of post retiral dues.

8. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) arun/- U