Shivendra Narain Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8185 of 2023 ====================================================== Shivendra Narain Singh Son of Late Shyama Prasad Singh, Resident of Village- Mohanpur Nisf, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Road Construction Department, Government of Bihar Visheshwaraiya Bhawan Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna.

4.

The Principal Secretary, Rural Works Department, Government of Bihar, Visheshwaraiya Bhawan, Patna.

5.

The Principal Secretary, Rural Development Department,. Government of Bihar, New Secretariat, Patna.

6.

The Joint Secretary, Road Construction Department, Government of Bihar Visheshwaraiya Bhawan Patna.

7.

The Joint Secretary, Rural Works Department, Government of Bihar, Visheshwaraiya Bhawan Patna.

8.

The Joint Secretary, Personnel Chaim Fixation Cell, Department of Finance, Government of Bihar, Old Secretariat, Patna.

9.

The Joint Secretary, Rural Development Department, Government of Bihar, Visheshwaraiya Bhawan, Patna.

10.

The Engineer-in-Chief cum Additional Commissioner cum Joint Secretary, Road Construction Department, Government of Bihar, Visheshwaraiya Bhawan, Patna.

11.

The Deputy Secretary, Road Construction Department, Government of Bihar, Visheshwaraiya Bhawan, Patna.

12.

The Deputy Secretary, Rural Works Department, Government of Bihar, Visheshwaraiya Bhawan, Patna.

13.

The Superintending Engineer, Rural Works Department, Government of Bihar, Visheshwaraiya Bhawan, Patna.

14.

The Superintending Engineer-cum-Conducting Officer, Road Construction Department, Government of Bihar, Visheshwaraiya Bhawan, Patna. 15.

The Executive Engineer, Rural Works Department, Work Division, Areraj Motihari, East Champaran.

16.

The Accountant General, Veerchand Patel Path, R. Block, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Respondent/s :

Mr. Uday Shankar Sharan Singh, GP-19 For the AG :

Mr. Vivekanand Kumar, Advocate

Patna High Court CWJC No.8185 of 2023 dt.01-07-2024 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 01-07-2024 Heard the parties.

2. At the outset, learned Advocate for the petitioner contended that now the grievance of the petitioner with respect to full and final pension, gratuity, leave encashment and other admitted retiral benefits to the petitioner has been settled, once the authority slips have already been issued and substantive amounts have been paid, except a small amount.

3. On the other hand, learned counsel for the State submits that as per his instructions all the payments have been made. If certain amount has not been made, the same shall be paid to the petitioner. Further, in response to the direction of this Court dated 29.08.2023, whereby, the Additional Chief Secretary was directed to report this Court as to what action has been taken against the concerned authority, who has acted without jurisdiction in serving notice to the petitioner, it is contended that on account of some discrepancies on the record, the second show-cause notice was issued, however, in compliance of the order, the matter was duly reviewed after going through entire records related to the service history of the petitioner and on being satisfied, the petitioner was regularized

Patna High Court CWJC No.8185 of 2023 dt.01-07-2024 3/3 and absorbed along with others vide notification no. 3535 (s) dated 28.03.2012. The petitioner was specifically incorporated under Rural Works Department and direction has been issued for issuance of authority slips.

4. Having gone through the averments made in the interlocutory application bearing IA No. 01 of 2023, filed on behalf of the respondent Special Secretary, Rural Works Department, no further action is required in the matter.

5. The writ petition stands closed with the expectation that the remaining amount, if any, shall be paid to the petitioner, forthwith.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.07.2024.

Transmission Date NA