Kailash Prasad Singh . v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5394 of 2015 ====================================================== Kailash Prasad Singh son of Late Rameshwar Singh, Resident of village Khairma P.O. Garua Purusanda P.S. Halsi District Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Munger.

3. The Circle officer Tetiya Bumber, District Munger.

4. The Treasury officer, Munger, District Munger.

5. The Accountant General, Bihar Patna.

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

For the Petitioner/s : Mr. Ram Vinay Pd Singh @ Sanjay, Adv For the State : Mr. AC to SC-14 For the A.G. : Mr. Ajit Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 07-07-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner was appointed on 28.02.2003, in view of the order of Apex Court and that he had also retired on 31.12.2013, the petitioner's post retirement benefit ought to have been finalized in terms of the Government decision laying down payment of retirement benefit to such of the PACS Manager, who were subsequently appointed as per the direction of the Apex Court. As a matter of fact only for this very purpose, the respondent State was granted time

Patna High Court CWJC No.5394 of 2015 (3) dt.07-07-2015 to file the counter affidavit but in a space of more than two months the counter affidavit has not been filed as yet.

In that view of the matter, this Court would direct the Collector of Munger district to ensure that all the admissible retirement benefit of the petitioner on the basis of his service rendered for a period of more than ten years, should be examined and whatever admitted amount is found payable to the petitioner be also paid to him within a maximum period of two months from the date of receipt of this order. The Collector of the district having sanctioned the pension and gratuity will immediately send them for authorization by the Accountant General, so that the petitioner gets the payment of his retirement benefit as authorized by the Accountant General within next two months from the date of such sanction order is sent by the Collector of the Munger district to the office of the Accountant General. It is also made clear that the whole exercise must be

Patna High Court CWJC No.5394 of 2015 (3) dt.07-07-2015 completed within a period of four months.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U