Sri Markandey Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15177 of 2014 =========================================================== Sri Markandey Pathak, Son of Late Ram Naresh Pathak, Resident of VillageDumari, P.O. Thakur Deoriya, P.S. Bhaluani, District- Deoria (U.P.) .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Government of Bihar, Patna

3. The Director, Secondary Education, Government of Bihar, Patna

4. The District Education Officer, Saran at Chhapra

5. The Accountant General, Bihar

6. The Headmaster, High School, Kazipur, P.O. Rasalpura, District- Saran at Chhapra .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate For the Respondent/s : Mr. Arvind Kumar-1, SC-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 09-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ petition has been filed by the petitioner for issuance of direction to the respondent authorities for the payment of arrears of salary with all consequential benefits with effect from 10.12.2007 to 03.08.2012 as also for fixing pension of the petitioner.

3. In the counter affidavit filed on behalf of respondent no.4, it is stated that from 09.12.2007 to 19.07.2012, the petitioner did not attend the school because of his illness. It has further been stated that the pension papers of the petitioner have been sent to the

Patna High Court CWJC No.15177 of 2014 dt.09-08-2017 2/2 Accountant General, Bihar, Patna for recommendation and fixation of pension and gratuity.

4. Having regard to the nature of the claim, I direct the petitioner to file a representation before the District Programme Officer (Establishment), Saran at Chapra within four weeks from today raising all his claims. In case of filing of such a representation, the District Programme Officer (Establishment), Saran at Chapra shall be required to consider the same and pass a reasoned order within a period of two months. The admissible amount of the petitioner shall also be paid within the aforesaid period of two months. In case of rejection of any claim, the reasoned order must be communicated to the petitioner on his postal address.

6. With the aforesaid observations and direction, the application is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.08.2017 Transmission NA Date