Birendra Kumar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11535 of 2022 ====================================================== Birendra Kumar Azad Son of Late Ami Charan Poddar, Resident of VillageHathiadarah, P.S.- Belhar, District- Banka at present residing at Near Jain Mandir, Panda Tola, P.S.- Bounsi, District- Banka. .. ... Petitioner/s

Versus

1.

The State of Bihar 2.

Collector cum District Magistrate, Banka.

3.

District Panchayat Raj Officer, Banka.

4.

Establishment Deputy Collector, Banka.

5.

Block Development Officer, Dhuraiya, Banka.

6.

Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Advocate For the Respondent/s :

Mr. Ajay (GA-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-02-2023 Learned counsel for the petitioner and counsel for the State present.

Counsel for the petitioner submits that the present writ petition has been filed directing the respondent to pay all retiral dues including Group Insurance, dues salary from 07.01.2009 to 09.02.2009, 23.09.2010 to 22.10.2010 and other retiral dues with statutory interest at the bank rate for which the petitioner are legally entitled.

Counsel for the petitioner further submits that the petitioner had joined service on 15.06.1999 at Block Development Office, Dhuraiya, Banka on the post of Panchayat Sevak and subsequently, he superannuated from his service on 31.01.2020 from the post of Panchayat Secretary/Sevak at Block Development Office, Dhuraiya, Banka. Counsel for the

Patna High Court CWJC No.11535 of 2022(2) dt.09-02-2023 2/2 petitioner further submits that upon retirement, he has not given his retiral dues till date. Petitioner is suffering from serious financial problem and he is a heart patient.

Counsel further submits that petitioner has filed several representations also but no decision has been taken by the authority till date.

Learned counsel for the State has not filed counter affidavit.

In this background, let the respondent no.2 is directed to take a decision on the representation filed by the petitioner before him. The petitioner is at liberty to file a fresh representation with regard to the claim made in the writ petition and respondent no.2 shall pass reasoned order and ascertain the admissible amount of the petitioner and shall also assure the payment of petitioner within ten weeks from the date of submission of the representation by the petitioner along with the order.

With this direction, the present writ application is disposed off.

(Dr. Anshuman, J.) ravishankar/- U