Teepan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12835 of 2017 ====================================================== Teepan Prasad Singh son of Late Mathura Prasad Singh, resident of VillageChakjan, PO.- Sarasat, P.S.-Naubatpur, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Road Construction, Bihar, Patna.

2. The Principal Secretary, Department of Road Construction, Bihar, Patna.

3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4. The Principal Secretary, Department of Rural Works, Bihar, Patna.

5. The Engneer-in- Chief-cum- Additional Secretary, Deparment of Road, Bihar, Patna.

6. The Engineer-in- Chief-cum- Additional Secretary, Department of Rural Works, Bihar, Patna.

7. The Chief Engineer, Department of Road Construction, South Bihar, Patna.

8. The Chief Engineer- I, Department of Rural Works, Rural Works Department, Bihar, Patna.

9. The Executive Engineer, Department of Road Construction, Shahabad Division, Ara, Bhojpur.

10. The Executive Engineer, Rural Works Division, Gaya.

11. The Treasury Officer, Sinchai Bhawan, Old Secretariat, Patna.

12. The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

For the State :

Mr. Uday Prasad AC to GP-22 For the Accountant General :

Mr. Kameshwar Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-02-2018 Heard learned counsel for the petitioner; State and Accountant General.

2. Supplementary counter affidavit has been filed on behalf of the Accountant General today.

Patna High Court CWJC No.12835 of 2017 dt.23-02-2018 2/3

3. From the materials on record, it appears that the necessary sanction / authority in favour of the petitioner for payment of his dues of pension and gratuity have already been issued and now, in fact, payment has to be made by the Respondent No. 11. The Court would only clarify that the pension having been started, the payment shall have to be made along with arrears.

4. As far as the benefit of Junior and Senior selection grade is concerned, the stand taken in the supplementary counter affidavit filed on behalf of the Respondents No. 4, 6, 8 and 10, the matter has to be decided by the parent department of the petitioner, which is the Road Construction Department. Similar stand has been taken with regard to the adjustment of leave.

5. In view thereof, the writ petition stands disposed off with a direction to the Respondent No. 7 that actual payment is also made to the petitioner in terms of the authority issued in his favour, if not already paid, within two weeks from the date of production of a copy of this order before him. Further liberty is given to the petitioner

Patna High Court CWJC No.12835 of 2017 dt.23-02-2018 3/3 to make a detailed representation before the Respondent No. 7 with regard to the benefit relating to Junior and Senior selection grade as well as the adjustment of leave for various periods. If such representation is filed within three weeks from today, the Respondent No. 7 shall look into the same and pass reasoned order within three weeks from the date of filing of such representation. If it transpires that any further amount is required to be paid to the petitioner in terms of the order to be passed, the same shall also be paid to him within the next three weeks. (Ahsanuddin Amanullah, J.) Ajay Gupta/- AFR/NAFR U