Patna High CourtCWJC/17485/2016disposed

Dayanand Prasad v. The State Of Bihar And ORS

2018-07-27Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17485 of 2016 =========================================================== Dayanand Prasad Son of Late Ram Nath Prasad Resident of Village-Mitralok Colony, Pandeypatti, P.O.-Gajadharganj, P.S.-Buxar (M), District-Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Department of Public Health Engineering Department, Government of Bihar, Patna.

2. The Secretary Department of Public Health Engineering Department, Government of Bihar, Patna.

3. The Engineer-in-Chief, Public Health Engineering Department, Government of Bihar, Patna.

4. The Chief Engineer, Department of Public Health Engineering Department (Civil), Bihar, Patna.

5. The Superintending Engineer, Public Health Engineering Department, CircleArrah, District-Bhojpur.

6. The Executive Engineer, Public Health Division-Buxar.

7. The Accountant General, (A & E), Bihar, Patna.

8. The District Provident Fund Officer, District-Buxar.

9. The Treasury Officer, Buxar, District-Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Mishra, Advocate For the State :

Mr. Maruth Nath Roy, A.C. to S.C. 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 27-07-2018 Heard learned counsel for the petitioner and the State.

2. The petitioner has moved the Court for the following reliefs:

"That this is an application for issuance of writ of Mandamus up on the respondent to pay the petitioner's pension and all post retiral dues amount of pension, gratuity, G.P.F. amount, along with other admissible allowance like, A.C.P., difference of Salary, revise Pay Scale and other legal dues Payable to the petitioner along with interest at the rate of 18% over the due amount as well as exemplary cost for undue harassment caused to the petitioner on account of latches and

Patna High Court CWJC No.17485 of 2016 dt.27-07-2018 2/2 delay on the part of the respondent since the petitioner retired on 31.01.2012 from the Post of key man cum guard from public health Division Buxar but the dues amount of the petitioner has not been paid by the respondent authorities."

3. From the counter affidavit filed on behalf of respondents no. 1 to 6, it transpires that all retiral benefits, including pension and gratuity have been paid. Copy of the same was served on learned counsel for the petitioner on 01.11.2017. However, no rejoinder to the same having been filed, the Court can safely presume that such payments have been made.

4. Accordingly, the writ petition stands disposed off.

5. At this stage, learned counsel for the petitioner submitted that detailed chart of payments have not been given.

6. Be that as it may, if the petitioner approaches the authorities with a representation asking for detailed calculation chart with regard to payment made under various heads, the authorities concerned shall furnish the same.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U