Bameshwar Prasad Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11965 of 2018 ====================================================== Bameshwar Prasad Singh, Son of Late Kashi Prasad Singh, Resident of Village- Shiv Nagar, Police Station- Karpi, District- Arwal. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Health. 2.
The Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.
3.
The Regional Deputy Director, Health Services, Magadh Division, Gaya. 4.
The District Magistrate, Arwal.
5.
The Civil Surgeon-cum-Chief Medical Officer, Arwal. 6.
The Medical Officer-in-Charge, Additional Primary Health Centre, Jaypur Kaler.
7.
The District Provident Fund Officer, Arwal, Jehanabad, Bihar. 8.
The Accountant General, Bihar, Bir Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Respondent/s :
Mr. Anil Kumar Verma, AC to AAG-9 For the Accountant General: Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 16-11-2022 Learned counsel for the State seeks permission to file a hard copy of the counter affidavit. The same is taken on record.
2. Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner, Mr. Anil Kumar Verma, learned AC to AAG-9 for the State, and Mr. Bindhyachal Rail, learned counsel for the Accountant General, Bihar.
3. The present writ application has been filed seeking a direction upon the respondents to ensure payment of all the retiral benefits, including the Pension, Gratuity, Provident Fund, GIS,
Patna High Court CWJC No.11965 of 2018 dt.16-11-2022 2/3 Earned Leave, Medical Allowances and other benefits along with statutory interest.
4. At the outset, learned counsel for the State respondents by referring to the statements made in the counter affidavit, filed on behalf of respondent nos. 5, submits that in compliance of the order of this Court all the substantive amounts under the head of retiral benefits have stood paid to the petitioner, the particular of which have been mentioned in para. nos. 6, 7 and 8 to the counter affidavit.
5. At this stage, learned counsel for the petitioner submits that so far the amount under the head GPF is concerned, the same has not been fully settled and still some amount is required to be paid to the petitioner. In support of his contention, reply to the supplementary counter affidavit has been filed bringing on record a letter, as contained in Memo No. 716 dated 21.09.2022, issued by the District Provident Fund Officer, Jehanabad wrote to the Incharge Medical Officer, Primary Health Centre, Kaler, whereby request has been made to submit the complete deduction chart for the certain period, as mentioned in the letter.
6. Having considered the submissions made on behalf of the parties and the materials available on record, prima facie, it
Patna High Court CWJC No.11965 of 2018 dt.16-11-2022 3/3 appears that all the retiral dues of the petitioner have stood paid, save and except part of the GPF amount. Hence the present writ application is disposed of with a direction to respondent no.6 (Medical Officer-in-Charge, Additional Primary Health Centre, Jaypur, Kaler) to furnish the entire deduction chart to the District Provident Fund Officer, Jehanabad, who will examine the same and if it is found that certain amount is still due, he would be under obligation to pass an order for payment of the same, preferably within a period of eight weeks from the date of receipt/production of a copy of this order.
7. Accordingly, the present writ application stands disposed of with the aforesaid observations and directions. (Harish Kumar, J) uday/- AFR/NAFR CAV DATE NA Uploading Date 17.11.2022 Transmission Date NA