Rajeshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15851 of 2016 ====================================================== Rajeshwar Prasad Singh son of Late Ram Charitra Singh resident of VillgageMoglani Karma, P.O.- Belain, P.S.- Nabinagar and District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna. null null 2.

The District Magistrate, Aurangabad.

3.

The Deputy Development Commissioner cum The Chief Executive Officer, Zila Parishad, Aurangabad.

4.

The Chairman, Zila Parishad, Aurangabad.

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

For the Petitioner/s :

Mr. Anirudh Kumar Verma For the State :

Mr. Manish Kumar, AC to AAG 6 For the Board :

Mr. Nikesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2017 Heard learned Counsel for the parties concerned. The petitioner retired as Head Clerk -cum- Accountant, in the Office of the Zila Parishad, Aurangabad, on 31.01.2014. He is aggrieved by non-payment of his post retiral benefits in the present application.

A counter affidavit has been filed on behalf of the Zila Parishad, Aurangabad, from which it appears that the grievance of the petitioner has been redressed. It is the specific case of the Zila Parishad that amount has been paid against all heads, as mentioned in the counter affidavit.

Since there is no reply filed to the said counter affidavit,

Patna High Court CWJC No.15851 of 2016(2) dt.19-08-2017 2/2 the averments made therein have remained uncontroverted. In view of the averments made in the counter affidavit, this application stands disposed of.

It is, however, observed that the petitioner shall have liberty to raise grievance if, in his opinion, there is any discrepancy in the calculation of retiral dues. He can raise his grievance by filing a representation. If such representation is filed within four weeks from today, the Chief Executive Officer, Zila Parishad, Aurangabad, will be required to consider it and take a final decision within two months thereafter. If the claim of the petitioner raised in said representation is found to be acceptable, the Chief Executive Officer, Zila Parishad, Aurangabad, will be obliged to ensure that any amount, found due, is paid to the petitioner within one month thereafter.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √