Narayan Banerjee v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.249 of 2018 ====================================================== Narayan Banerjee Son of Late Ashutosh Bandopadhyay, Resident of Madhubani Colony Near Middle School, P.O.P.S.District- Purnia ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna 2.

The Executive Engineer, Building Division, Building Construction Department, Aurangabad- 824101.

3.

The Sub-Divisional Officer, Building Sub-Division-I, Building Construction Department, Aurangabad4.

The Accountant General, Bihar, Birchand Patel Path, Patna-1. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Ambastha For the Respondent/s :

Mr.Sushil Kumar- Gp22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-08-2019 In compliance of the earlier orders of this Court, a third supplementary counter affidavit has been filed on behalf of the respondent- State, wherein it has been stated that arrears of salary amounting to a sum of Rs. 4.26 lacs approximately has already been credited to the account of the petitioner herein. It is stated that the said arrears of salary is on account of revision of pay scale. It is further submitted that accordingly, pension and gratuity of the petitioner herein have also been revised and pension paper with relevant documents have already been sent to the Accountant General, Bihar vide letter dated 25.07.2019. The learned counsel for the State further submits that as soon as

Patna High Court CWJC No.249 of 2018(6) dt.05-08-2019 2/2 the PPO is approved by the Accountant General Office, Bihar, the petitioner shall get payment in his account. Having regard to the aforesaid stand taken by the respondent- State, the Accountant General is directed to issue the revised PPO/ gratuity order within a period of four weeks from today, failing which the Accountant General, Bihar, Patna shall not draw his salary. It is further directed that the respondent- State, immediately upon issuance of the new PPO number/ gratuity order, shall make payment of the remaining amount/ arrears of pension and gratuity to the petitioner herein within a period of four weeks thereupon, failing which the Principal Secretary, Building Construction Department, Government of Bihar, Patna shall not draw his salary. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U