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Patna High CourtCWJC/14113/2021disposed

Prabhu Narayan Mishra v. The State Of Bihar

2023-01-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14113 of 2021 ====================================================== Prabhu Narayan Mishra Son of Late Jagdish Mishra, aged about 60 years and 7 months, Resident of Mohalla - Khetan Bhawan, Purani Bazar, Near Dharamshala, Ward No. 14, Police Station- Lakhisarai, District - Lakhisarai. Retired while working as a Headmaster Govt. Upgraded Middle School Bartara, Anchal - Ramgarh Chowk, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Additional Chief Secretary-cum-the Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Additional Chief Secretary-cum-Principal Secretary, Finance Department, Govt. of Bihar, Patna.

4.

The Director, Primary Education, Bihar, Patna. 5.

The District Magistrate, Lakhisarai.

6.

The Deputy Collector-cum-the Public Grievance Redressal Officer, Lakhisarai.

7.

The District Education Officer, Lakhisarai.

8.

The District Programme Officer (Establishment) Lakhisarai. 9.

The General Provident Officer, Munger.

10.

The Accountant General, Birchand Patel Path, Bihar, Patna. 11.

The Accounts Officer, Pay and Accounts Office, Birchand Patel Path, Bihar, Patna.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the State :

Mr. Kumar Kamal Nayan, AC to SC-28 For the Accountant Gen. :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2023 Learned counsel for the petitioner, counsel for the State and counsel for the Accountant General present. A hard copy of the counter affidavit has been received in the Court.

Counsel for the State submits that copy of counter

Patna High Court CWJC No.14113 of 2021(4) dt.18-01-2023 2/2 affidavit has already been filed from the State and all the admissible dues has either been sanctioned or being paid through CFMS system. The payment report is annexed as Annexure-B to the counter affidavit.

Counsel for the petitioner submits that there are still some amount which has not been sanctioned and paid by the authorities.

In this view of the matter, the present writ petition is disposed off with liberty given to the petitioner that he may file a fresh representation on the basis of the counter affidavit for which admissible/statutory amount he is still entitled to get payment. Upon representation, the D.E.O. shall pass a reasoned order and if found admissible, shall assure payment within six weeks thereafter.

With this direction, this writ application is disposed off.

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