Radheshyam Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4018 of 2016 ====================================================== Radheshyam Choudhary Son of Late Awadh Bihari Choudhary resident of village - Mauna Jatahi Pokhara, P.O. Sandha, P.S. Town, District - Saran ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. Director, Secondary Education, Bihar, Patna

3. Regional Deputy Director of Education, Saran Division, Chapra

4. District Magistrate, Saran, Chapra.

5. District Education Officer, Saran, Chapra,.

6. The District Education Officer, Siwan.

7. Treasury Officer, Saran, Chapra.

8. Accountant General, Bihar, Patna.

9. District Programme Officer, Establishment, Saran, Chapra.

10. Additional Secretary, Education Department, Bihar, Patna ... Respondents ====================================================== Appearance :

For the Petitioner :

M/s Banwari Sharma & Shiv Kumar, Advs.

For the State :

Mr. Patanjali Rishi, AC to AAG VI For the AG :

Mrs. Namrata Mishra, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-01-2019 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. A third supplementary counter affidavit has been filed on behalf of respondent no. 9, the District Programme Officer (Establishment), Saran at Chapra.

Petitioner has prayed for his post retiral benefits, who retired from service on 30.11.2012 while working as Headmaster, Ramavtar High School, Goraipur, Saran. He submits that retiral benefits, such as, pension, gratuity, leave encashment due salary from May, 1998 to 26.05.1999 and

Patna High Court CWJC No.4018 of 2016(21) dt.07-01-2019 2/2 27.05.1999 to 20.11.2000 has not been paid. He prays for payment of the said along with statutory interest. Considering the claim of the petitioner and submissions of the parties, this writ application is disposed off with a liberty to the petitioner to file a representation regarding his legitimate dues before the respondent no. 2, the Director, Secondary Education, Bihar, Patna. The same would be disposed of within a period of three months from the date of filing of such representation. The amounts due would be paid within one month thereafter. If certain amounts are found inadmissible, the same shall be communicated by speaking order to the petitioner through registered post. (Nilu Agrawal, J) Shamshad/- U