Indrasan Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10373 of 2014 ====================================================== Indrasan Sah, Son of Late Mathura Sah, Resident of village - Khadda Tola Masahi, P.S. Nautan, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar,

2. The District Magistrate, West Champaran, Bettiah

3. The Panchayati Raj Padadhikari, Bettiah, West Champaran

4. The Block Development Officer, Bagaha - I, Bettiah, West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate For the Respondent/s : Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-08-2016 By filing this writ application, the petitioner prays for redressal of his retiral benefits. The petitioner was appointed as Panchayat Sevak Sikta in the district of West Champaran, Bettiah, on 06.07.1973. He retired from the service on 31.10.2013 as Panchayat Secretary.

A Counter Affidavit has been filed on behalf of the respondents stating that the petitioner has been paid his retiral dues. In support of his submission, learned counsel has annexed a vivid chart in para-6. He has also appended Annexure-A series in support of his submission. Learned counsel further submits that only arrears of salary have not been paid to the petitioner. In my view, the petitioner should file a separate writ

Patna High Court CWJC No.10373 of 2014 (2) dt.20-08-2016 2/2 application for payment of arrears of salary. Furthermore, in case if the petitioner is still aggrieved with and feels that he has not been paid his entire retiral benefits, it will be open for him to file his representation before the respondent no.2 (the District Magistrate, West Champaran, Bettiah) / respondent no.3 (the Panchayati Raj Padadhikari, Bettiah, West Champaran), who would dispose of his representation by a speaking order within a period of three months from the date of filing of such representation.

With the aforesaid observation and direction, the writ application is disposed of.

(Samarendra Pratap Singh, J.) kunal/- U