Awadh Kishor Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18838 of 2014 ====================================================== Awadh Kishor Mandal son of Late Harilal Mandal, r/o Village + P.O. Bhutauli Malpa, P.S. Chautham, District Khagaria. .... .... Petitioner/s

Versus

1.The State of Bihar through the Principal Secretary, Public Health Engineering Department, Bihar, Patna.

2.The Principal Secretary, Public Health Engineering Department, Bihar, Patna.

3.The Engineer-in-chief-cum-Special Secretary, Public Health Engineering Department, Bihar, Patna.

4.The Chief Engineer, Department of Public Health Engineering (Mechanical), Bihar, Patna.

5.The Superintending Engineer, Public Health Engineering Department, Purnea Circle, District Purnea.

6.The Executive Engineer, Public Health Division, Khagaria. 7.The Sub-Divisional Officer-cum-Assistant Engineer, Public Health Engineering sub-Division, Khagaria, District Khagaria. 8.The District Provident Fund Officer-cum-District Accountant Officer, District Khagaria.

9.The Treasury Officer District Khagaria.

10.The Accountant General (A & E), Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Pandey, Adv For the State : Mr. SC6- Manindra Kishore Singh & Mr. Manish Kumar No. 1.

For the A.G. : Mr. Ranjan Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 30-06-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner after his retirement dated 31.07.2013, had himself not submitted his pension papers at least till November2014, this Court would not find any reason to blame the respondents alone, for the delay in payment of

Patna High Court CWJC No.18838 of 2014 (4) dt.30-06-2015 retirement benefits, to the petitioner.

In that view of the matter, this Court has been informed by Mr. Ramakant Singh, Executive Engineer, P.H.E.D., Khagaria, appearing in person that the steps for authorization of the pension and gratuity of the petitioner after its being sanctioned by the Government has already been taken and the matter is pending before the Office of the Accountant General in view of the communication of the Executive Engineer, P.H.E.D., Khagaria dated 26.06.2015, this Court would direct not only the Executive Engineer, P.H.E.D., Khagaria but also the competent authority of Accountant General to ensure that the actual payment of pension and gratuity of the petitioner is made within a period of three months from the date of receipt of this order. It shall be the duty of the Executive Engineer, P.H.E.D., Khagaria, who had delayed the matter now to ensure that the petitioner gets all his post retirement benefits within the prescribed period, failing which, this Court would direct for

Patna High Court CWJC No.18838 of 2014 (4) dt.30-06-2015 stopping of his salary.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U