Gauri Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8085 of 2015 ====================================================== Gauri Shankar Prasad S/o Late Manbodh Prasad, Resident of Village Panditpur, P.S. Basantpur, District Saran Chhapra, at present resident of Prabha Niketan, Kanulal Road, Mithapur, P.S. Jakkanpur, District Patna, Pin800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary General Administrative Department, Bihar, Patna.

2.

Additional Secretary, General Administrative Department, Govt. of Bihar, Patna.

3.

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

Under Secretary Accounts, Finance Department, Govt. of Bihar. 5.

Accountant General Bihar, Birchand Patel Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

Mr.Lovekush Kumar, Adv.

For the Respondent/s :

Mr.Manish Kumar, AC to AAG-6 For Accountant General :

Mr. Raghwanand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 30-08-2019 The present case has a chequered history inasmuch as several supplementary affidavits and counter affidavits have been filed, nonetheless, there was no clarity with regard to payment of retiral dues of the petitioner herein but on account of persuasion of this Court, Shri Arun Kumar No.1, the learned Advocate of this Court has intervened in the matter and has helped the petitioner by compiling the subsisting grievance of the petitioner, which has been placed before this Court by way of fifth supplementary affidavit, filed on behalf of the petitioner. Considering the fact that there are many issues in which the parties to the present litigation are having rival claim and this Court cannot go into the disputed question of facts, this Court deems it fit and proper to direct the Chief Secretary, Government of Bihar, Patna to consider the 5th

Patna High Court CWJC No.8085 of 2015 dt.30-08-2019 2/2 supplementary affidavit filed on behalf of the petitioner as the representation of the petitioner herein and thereafter make enquiry into the matter and settle the issues raised by the petitioner, by passing a reasoned and speaking order within a period of six months from today. It is needless to state that in case any outstanding retiral dues or for that matter any other dues are found payable to the petitioner, the same is directed to be paid within a period of one month from the date of decision taken by the Chief Secretary, Government of Bihar, Patna. The learned counsel for the State is directed to transmit a copy of the 5th Supplementary affidavit along with a copy of this order to the Chief Secretary, Government of Bihar, Patna and file a receipt regarding the same in the registry of this Court.

The writ petition stands disposed of on the aforesaid terms. (Mohit Kumar Shah, J) Tiwary/- AFR/NAFR CAV DATE N/A Uploading Date Transmission Date N/A