Md. Alim v. The Accountant General (A. And E.),Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11665 of 2019 ====================================================== Md. Alim son of Md. Sahbub resident of Village- Deohara Ward No.- 5, P.S. Goh, District- Aurangabad.
... ... Petitioner
Versus
1.
The Accountant General (A. and E.), Bihar Birchand Patel Path, Patna. 2.
The State of Bihar through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.
3.
The Chief Engineer, Mechanical, Water Resources Department, 70/84, New Punai Chak, Patna.
4.
The Superintending Engineer, Irrigation Mechanical Circle, Mithapur, Patna. 5.
The Executive Engineer, Field Machinery Division, Barari, DistrictBhagalpur. 6.
The Treasury Officer, Bhagalpur.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar, Advocate For the Respondents :
Mr. Anjani Kumar AAG4 Mr. Sanjay Prasad, AC to AAG 4 For Accountant General :
Mr. Vivekanand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 18-06-2020 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the Accountant General.
The instant writ petition has been filed by the petitioner for a direction to the respondents for sanctioning of pension, D.C.R-Gratuity as well as commuted value of pension; for payment of penal interest @ 18% per anuum; and for grant of the benefits of first and second ACP under the ACP Scheme.
Patna High Court CWJC No.11665 of 2019 dt.18-06-2020 2/3 The petitioner retired on 31.01.2019 as a Khalasi from Field Machinery Division, Barari, Bhagalpur.
In this case a counter affidavit has been filed on behalf of the Accountant General. From paragraph 8 thereof it appears that necessary authority slip sanctioning pension, gratuity and commutation payment order has been issued by the Accountant General as evident from the letter dated 05.08.2019 AnnexureA to the counter affidavit. Learned counsel appearing on behalf of the State has drawn the attention of this Court to the counter affidavit that grievance of the petitioner with regard to grant of benefits of ACP/MACP has also been redressed.
Considering the aforesaid, the writ petition is disposed of as substantial grievance of the petitioner has been redressed. In the event the petitioner has any other grievance which has not been redressed by the respondent, liberty is available to the petitioner to file a representation along with a copy of this order before respondent-authority. On filing of representation along with copy of this order, the respondent shall be under obligation to consider and dispose of the same by a reasoned order and ensure payment of unpaid dues at the earliest preferably within a maximum period of sixty days from the date of filing of the
Patna High Court CWJC No.11665 of 2019 dt.18-06-2020 3/3 representation.
With the aforesaid observation and direction, the present writ petition stands disposed of.
(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 20.06.2020 Transmission Date N.A.