Upendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15864 of 2014 ====================================================== Upendra Prasad Singh Son of Late Basudeo Singh @ Baso Singh Resident of village and P.O. Ram Nagar, Diyara, P.S. Athmalgola, District - Patna At Present Resident of village - Badaki Mohamadpur, P.S. Bakhtiyarpur, District - Patna, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar through Director General of Police Bihar, Patna

2. The Accountant General, ( A and E ), Bihar, Patna

3. The Deputy Inspector General of Police, Tirhut Range Muzaffarpur ( Bihar )

4. Senior Superintendent of Police, Muzaffarpur

5. Police Inspector - Cum - S.H.O. Sadar Police Station Muzaffarpur ( Bihar )

6. Treasury Officer, Patna Treasury ( Collectriate ) Patna, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-01-2016 Heard Sri Vijay Kumar Mishra, learned counsel for the petitioner, learned AC to SC No. 26 as well as Sri Uday Kumar, learned counsel for the respondent no. 2/ Accountant General, Bihar.

The petitioner who retired with effect from 30.6.2009 as Sub Inspector of Police has approached this court with a prayer to direct the respondents to pay all the retiral dues. In this case a counter affidavit has been filed on behalf of the respondent no. 4 and a stand was taken that since the petitioner had not handed over the charge of 'Malkhana' delay

Patna High Court CWJC No.15864 of 2014 (3) dt.30-01-2016 2/2 has occurred in settling the retiral dues of the petitioner. However, recently in the year 2015 petitioner has given charge and thereafter, no objection certificate was issued. Finally, due in respect of gratuity, earned leave, group insurance, GPF have already been paid to the petitioner and authorization has also been issued in respect of pension of the petitioner in view of issuance of P.P.O. by the Accountant General. However, learned counsel for the petitioner submits that till date petitioner's pension has not been started.

In view of stand taken in the counter affidavit, the court proposes to dispose of the writ petition with a direction to all the respondents to take all steps so that authorization issued by the Accountant General, Bihar, may be given effect to without any delay. Preferably all the formalities must be completed within a period of eight weeks from the date of receipt / production of a copy of this order.

(Rakesh Kumar, J) Praful/- U