Lal Bahadur Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17388 of 2018 ====================================================== Lal Bahadur Prasad, S/O Motilal Mahto, Resident of Village-Rampur, Police Station-Rasulpur, District-Chapra, Saran.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Irrigation Department, Government of Bihar, Patna.

2.

The Executive Engineer, Mechanical, Tirhut Canal Division-1, Motihari, East Champaran.

3.

The District Treasury Officer, Chapra, Saran. 4.

The District Provident Fund Officer-Cum-Account Officer, Motihari, East Champaran.

5.

The Accountant General, Bihar, Birchand Patel Marg, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Maheshwar Prasad, Advocate.

For the R .Nos. 1-4 : Mr. Binay Kumar Pandey, Advocate. For the Accountant General : Mrs. Namrata Mishra, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsels for the parties.

The following reliefs have been sought for on behalf of the petitioner in the present writ application. "1(i) To pay the arrears of salary during suspension period i.e., from dated 27.08.1991 to 31.01.2002 till retirement after order regularisation of suspension period with penal interest.

Patna High Court CWJC No.17388 of 2018(3) dt.08-06-2020 2/3 (ii) To pay the full pension to the petitioner after re-fixation of pension.

(iii) To pay full death-cum-retiral dues.

(iv) To pay the G.P.F.

(v) To pay the provision fund with interest.

(vi) To pay the arrears of salary amount after the fixation of pay on basis of 7th Central Pay Revision Committee report.

(vii) To pay the arrears of salary, if any, due promotion which was not considered due to false criminal cases pending against the petitioner."

A counter affidavit has been filed on behalf of respondent no. 2. The following statement has been made in paragraph no. 9 of the said counter affidavit. "9. That it is stated and submitted that in compliance of departmental order vide Letter No. 4742 dated 27.02.2018 all post retiral dues and arrears of salary was paid to the petitioner vide Bill No.

86E2018/19 amounting to Rs. 2,71,460, Bill No. 87E2018/19 amounting to Rs.

71,149 and Bill No. 88E2018/19 amounting to Rs. 71,216, was paid to the petitioner in his Savings Bank Account in the State Bank of India, bearing Account No. 11206636848."

From perusal of the statement made in the counter affidavit, it is clear that the grievance of the petitioner, has already been redressed by the respondents. The petitioner is granted liberty to make/file a fresh representation before the concerned authority, within a period of eight weeks from today, for remaining grievance, if any. If such representation is

Patna High Court CWJC No.17388 of 2018(3) dt.08-06-2020 3/3 made/filed before the concerned authority, the concerned authority shall pass an appropriate order in accordance with law, within a period of three months, from the date of filing/making of such representation.

The present writ application stands disposed of with the aforesaid observation and direction.

(Sudhir Singh, J) U.K./- U