Dr.Shreenath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1907 of 2021 ====================================================== DR.Shreenath Mishra S/o Late Shrikrishna Mishra Resident of 249, Dr C.P. Thakur Path, West of Professor Colony, Shivpuri, P.S.-Shastrinagar, DistrictPatna-800023 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Health and Family Welfare Department, Government of Bihar, Patna. 3.

The Principal Secretary, Health and Family Welfare Department, Government of Jharkhand, Ranchi 4.

The Principal Secretary, Finance Department, Government of Jharkhand, Ranchi 5.

The Deputy Secretary, Health and Family Welfare Department, Government of Jharkhand, Ranchi, Nepal House, Doranda.

6.

The Treasury Officer, Vishveshwaraiya Bhawan, Patna Treasury, Patna. 7.

The Account General, A and E Bihar, Birchand Patel Patna, Patna. 8.

The Accountant General A and E, Jharkhand, Ranchi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Roona, Advocate For Respondent no.3&4:

Mr. Sanjay Kumar Pandey, Advocate For the A.G.

:

Mr. Arun Kumar Arun, Advocate For the Respondent/s :

Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-03-2023 Heard Ms. Roona, learned counsel appearing on behalf of petitioner, Mr. Sanjay Kumar Pandy, learned counsel appearing on behalf of State of Jharkhand (Respondent Nos. 3 and 4), Mr. Arun Kumar Arun, learned counsel appearing on behalf of Accountant General, Bihar (Respondent No. 7 and 8) and Mr. Kamlesh Kishore, learned AC to SC-12 for the State.

2. Learned counsel appearing on behalf of the petitioner referring to Paragraph No. 8 of the counter affidavit

Patna High Court CWJC No.1907 of 2021(8) dt.27-03-2023 2/3 filed on behalf of State of Jharkhand submitted that the Accountant General A&E, Bihar, Patna has issued Authority letter dated 06.07.2021, wherein it has been stated that the petitioner has been paid Rs. 7,21,00/- as pension.

3. Learned counsel disputed the said statement and informs that in fact the actual amount of Rs. 1,72,200/- along with interest has not been paid till date to the petitioner. Even though they admitted the said amount payable to the petitioner.

4. The respondents have no objection and it is submitted jointly that the admitted amount of Rs. 1,72,200/- if not already paid to the petitioner along with interest the said claim having been redressed and statement to that effect has been made in clear terms. The writ petition has become infructuous.

5. Considering the specific statement made on behalf of the petitioner that though such admitted position is that the statement has been made on behalf of the respondent no. 4 in Paragraph No. 8 of the counter affidavit, the actual position is that the petitioner has not been paid the amount of Rs. 1,72,200/- till date. The concerned authority-respondent no. 4 is directed to make payment of the entire amount of Rs. 1,72,200/- and the interest must be calculated thereon till the date of

Patna High Court CWJC No.1907 of 2021(8) dt.27-03-2023 3/3 payment to the petitioner. If the petitioner still finds any retiral dues which has not been paid to him, he is at liberty to file a fresh representation before the concerned authority. The authority concerned must dispose of the grievance of the petitioner within a period of three weeks. If the petitioner has already paid the above amount then no order is required to be passed on representation of the petitioner.

6. With the above directions and observations, the present writ petition stands disposed of.

(Purnendu Singh, J) manish/minu U