Bikash Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 14152 of 2021 ====================================================== Bikash Kumar Sinha Son of Late Yogendra Prasad resident of MohallaGumti No. 2, Mangal Bazar Munger, P.s.- Kotwali, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary-cum-Commissioner, Environment and Forest Department, Patna, Bihar 2.

The Chief conservator of Forest-cum-Managing Director, Bihar State Forest Development Corporation Ltd. Officers Flat No. R-5 and 6, New Punaichak, Patna-23 3.

The Principal Secretary, environment Forest and Climate Change, Department Sinchai Bhawan, Secretariat, Patna 4.

Bihar State Forest Development Corporation Ltd. Officers Flat No. K-5 and 6, New Punaichak, Patna-23 5.

Pramandal Prabhandhak, Laghu Ban Padarth Pariyojna, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Mishra, Adv.

For the State :

Mr. Dhurjati Kumar Prasad, Adv.

For the B.S.F.D.C.L :

Mr. Ravindra Kumar Shukla, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner, counsel for the Bihar State Forest Development Corporation Ltd. and counsel for the State.

The present application has been filed primarily to pay the leave encashment applicable from the date of superannuation, revised dearness allowances and for grant of any other relief(s).

Counsel for the petitioner submits that the petitioner has joined the service on 19.04.1987 as Forest Produced

Patna High Court CWJC No. 14152 of 2021(2) dt.12-01-2023 2/3 Overseers, Laghu Pariyojna, Bhagalpur at Purnea Division and subsequently, he retired on 30.01.2017 from Patna working under Bihar State Forest Development Corporation Ltd. Upon retirement, he is seeking his retiral dues. Counsel for the Corporation has filed counter affidavit and submits that a resolution regarding bifurcation of Assets and Liabilities of Bihar State Forest Development Corporation Ltd. has been received in March, 2022 from the Jharkhand Government. Now, the Assets & Liabilities of Bihar State Forest Development Corporation are duly bifurcated between the State of Bihar and Jharkhand. All the necessary actions are being taken in accordance with the provisions made in both the States.

He further submits that as soon as the necessary actions in accordance with the provisions made in the Finance Department's resolution completed, the amount of leave encashment as well as other dues of the petitioner will be requisitioned/ asked from the State Government and the payment of leave encashment and other dues admissible to the petitioner will be made on receipt of the same. Counsel for the petitioner submits that there are series of writ petitions which have been disposed off. Counsel for the petitioner has provided the copies of some of the writ petitions.

Patna High Court CWJC No. 14152 of 2021(2) dt.12-01-2023 3/3 Upon going through the same, it transpires that liberty has been given to the petitioners in those cases to move before the Chief Conservator of Forest-cum-Managing Director, Bihar State Forest Development Corporation Ltd. for their grievances and it was directed to disposed off their representation within a period of 12 weeks thereafter.

Counsel for the petitioner is directed to file his representation afresh before the Chief Conservator of Forestcum-Managing Director, Bihar State Forest Development Corporation Ltd., Patna shall ensure the payment of admissible dues of the petitioner within 12 weeks thereafter. Accordingly, the present writ application stands disposed off.

(Dr. Anshuman, J.) sadique/- U