Mithilesh Sharama, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13703 of 2021 ====================================================== Mithilesh Sharama, Son of Shaligram Sharma Resident of Village-Parmpura (Dhobi) Bigha, P.O.-Khamhaini, P.S.-Rampur Choram, District-Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secrerary, Home Affairs, Govt. of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Accountant General of Bihar, Veer Chand Patel Path, Patna, Bihar. 4.

The District Magistrate, Saharsa.

5.

The District Magistrate, Arwal.

6.

The Inspector General of Police, Darbhanga Division, Distt-Darbhanga. 7.

The Deputy Inspector General of Police, Koshi Division, Saharsa. 8.

The Superintendent of Police, Saharsa.

9.

The Superintendent of Police, Arwal.

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-01-2023 Learned counsel for petitioner and counsel for State present through virtual mode.

Counsel for petitioner has filed the present writ petition seeking relief of payment of retiral dues with due interest of gratuity, insurance, earned reliefs, encashment, GPF, etc. including the pension to the petitioner who is supposed to superannuated. Although, he has not been issued any order of retirement by his department from the post of Assistant SubInspector of Police from the District of Arwal, Bihar as per his

Patna High Court CWJC No.13703 of 2021(3) dt.06-01-2023 2/3 date of birth 07.01.1956.

Counsel for petitioner submits that he has moved earlier before this Hon'ble Court in CWJC No. 1336 of 2020 which was disposed off vide order dated 05.02.2020 as withdrawn with liberty to move before the authority concerned in this matter. He submits that with the same reliefs, he has moved again. In the light of the said liberty, petitioner filed representation before the Superintendent of Police, Saharsa on 06.04.2021 but no decision was taken and he is still moving post to pillar getting his retiral dues.

Counsel for State submits that there are 2 counteraffidavits filed, one has been filed by Respondent No.8 (Superintendent of Police, Saharsa) and another is filed by Respondent No.9 (Superintendent of Police, Arwal). From the counter affidavits filed by Respondent No. 8 and 9, it transpires that the grievance of petitioner could not be resolved without active corporation of Respondent No.8 and 9 relating to the petitioner. In this view of the matter, it is hereby directed to Respondent No. 8 and 9 that they make a coordination between each other relating to matter of petitioner. Respondent No.9 shall take decision about admissible dues of the petitioner and he shall take decision within 6 months from the date of filing

Patna High Court CWJC No.13703 of 2021(3) dt.06-01-2023 3/3 fresh representation by the petitioner before him. Respondent No. 8 is directed to cooperate the Respondent No.9 in this matter.

With this direction, this writ application is hereby disposed off.

(Dr. Anshuman, J.) prakashmani/- U