Rajendra Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10834 of 2020 ====================================================== Rajendra Kumar, Male, aged about 60 years, son of Late Ram Janam Singh, resident of village- Harpura, P.O. Mahammadpur, P.S. Bikram, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

3.

The Joint Secretary, Food and Civil Supply Department, Government of Bihar, Patna.

4.

The District Magistrate, Aurangabad.

5.

The District Supply Officer, Aurangabad.

6.

The Sub-Divisional Officer, Sadar, Aurangabad. 7.

The Accountant General (Pension), Bihar, Patna. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Adv.

For the Responden/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed for directing the

respondents to make payment of the retiral dues of the petitioner as also arrears of salary inasmuch as the same has not been paid in spite of the petitioner having retired on 31.01.2020, while working on the post of Block Supply Officer, Rafiganj, Aurangabad. The learned counsel for the respondent State, Shri Upendra Pratap Singh, AC to SC-4, has submitted, by referring to the counter- affidavit / supplementary counter- affidavit filed in the present case that except pension and gratuity, the entire retiral dues as also the outstanding amount of salary has stood paid to the petitioner and as far as pension and gratuity is concerned, request has already been made to the office of the Accountant General to issue the necessary P.P.O. / G.P.O. and in that regard all the necessary documents including the pension papers of the petitioner have also been sent to the office of the Accountant General. The learned counsel for the petitioner, Shri Shashi Shekhar Tiwary, does not dispute the aforesaid position as is existing on facts.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of, however, with a direction to the Principal Secretary, Food and Civil Supply Department, Government of Bihar, Patna, the District Supply Officer, Aurangabad and the Accountant General Bihar, Patna to ensure that the amount of pension including its arrears as also the amount of gratuity is paid to the petitioner within a period of six weeks from today, failing which

all the three authorities shall not draw their salary. The learned counsel for the State, Shri Upendra Pratap Singh, undertakes to communicate a copy of this order to the learned Accountant General, Bihar, Patna.

(Mohit Kumar Shah, J) Tiwary/-