Anil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19564 of 2016 ====================================================== Anil Kumar Son of Late Ram Naresh Singh, Resident of village- Lodipur, P.O.- Lakhanpur, P.S.- Punpun, Dist.- Patna ... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, P.W.D. (Road Contruction Department) Patna.

3. The Chief Engineer, P.W.D. (Road Contruction Department) Patna.

4. The Executive Engineer, Road Contruction Department Patna.

5. The Accountant General , Bihar Patna.

6. The Assistant Director, Provident Fund, Bihar, Patna ... Respondents ====================================================== Appearance :

For the Petitioner :

M/s Alok Kumar Chaudhary, Nagendra Kumar & Kulanand Jha, Advs.

For the Respondents :

Mr.Sushil Kumar- Gp22 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-01-2019 Heard the learned counsel for the petitioner, the learned counsel appearing for the State as well as the learned counsel appearing for the Accountant General, Bihar, Patna. Petitioner is the son of the deceased employee, late Ram Naresh Singh, who retired from the post of Assistant Engineer on 31st January, 1998, from the office of the Executive Engineer, Road Construction Department, Patna, respondent no. 4.

A counter affidavit has been filed on behalf of respondent no. 6, the Assistant Director, Provident Fund, Bihar, Patna, and the respondents 2, 3 and 4.

The counter affidavit filed by respondent no. 6 states that the petitioner has not furnished the advance certificate of previous 12 months and no objection certificate of rest five

Patna High Court CWJC No.19564 of 2016(3) dt.03-01-2019 2/2 members of the family in support of his claim. The counter affidavit filed on behalf of the Road Construction Department is that the office of the Road Construction Department and the Building Construction Department have disallowed super time scale to the Junior Engineers.

Be that as it may, the present writ application is disposed off with a liberty to the petitioner to file a representation before the Principal Secretary, P.W.D. (Road Construction Department), Patna, respondent no. 2, which will be disposed of within three months of its filing. If any amount is payable to the petitioner, the same would be paid within one month thereafter. If certain dues are non-payable or inadmissible, the same would be communicated by speaking order to the petitioner by registered post. (Nilu Agrawal, J) Shamshad/- U