Srikant Mandal @ Dr. Shreekant Mandal v. The State Of Bihar, Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14275 of 2021 ====================================================== Srikant Mandal @ Dr. Shreekant Mandal Son of Late Hari Mandal Resident of Village - Tapua, P.S. Budhuchak, P.S. Pairpainty, District- Bhagalpur, Presently residing of Near Block Campus, P.S. Sangrampur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Health, Govt. of Bihar, Patna.

2.

The Joint Secretary, Department of Health, Govt. of Bihar, Patna. 3.

The Under Secretary, Department of Health, Govt. of Bihar, Patna. 4.

The Civil Surgeon-cum-Chief Medical-Officer, Nawada. 5.

The Treasury Officer, Bhagalpur.

6.

The Accountant General, Bihar, Bir Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

Mr.Rana Pratap Singh, Adv.

For the Respondent/s :

Mr.Nagendra Pd. Yadaw, SC-23 Ms.Vijay Laxmi Srivastava, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.i) For issuance of an order/direction or a writ in the nature of mandamus commanding the Respondents concern to sanction and pay the dues and payable Full Gratuity amount, earn leave salary, communication of pension as well as 10% withheld pension that too along with admissible interest there upon taking into account the Provisions as contained in Appendix-VI of Bihar Pension Rules."

Patna High Court CWJC No.14275 of 2021(2) dt.13-12-2023 2/3

2. At the outset, the learned counsel for the respondent-State has submitted, by referring to paragraph no.5 to 8 of the counter affidavit, that not only the outstanding salary of the petitioner for the period 07.09.2015 to 07.12.2015, amounting to a sum of Rs. 2,87,608/-, has been paid to the petitioner but the outstanding salary for the period 08.08.2017 to 13.12.2018, amounting to a sum of Rs. 4,62,533/- has also stood paid. It is also submitted that the amount of Group Insurance, i.e. Rs. 3,17,574/- as also the amount of G.P.F. totalling to a sum of Rs. 35,47,186/- has also been paid to the petitioner.

3. It is further submitted by the learned counsel for the respondents that as far as the amount of Leave Encashment, balance 10% Pension and Gratuity amount is concerned, in case the same has not been paid, the same would definitely be paid, within a period of six weeks from today. It is directed accordingly.

4. It is needless to state that in case the outstanding amount of Leave Encashment, balance 10% Pension and Gratuity amount is not paid, within a period of six weeks from today, the Additional Chief Secretary, Bihar, Patna, shall not draw his salary.

Patna High Court CWJC No.14275 of 2021(2) dt.13-12-2023 3/3

5. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U