Chandrajeet Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.244 of 2016 In Civil Writ Jurisdiction Case No.309 of 2011 ====================================================== Chandrajeet Kumar Son of late Dharnidhar singh Resident of MohallaAtmaram Lane, Po G.P.O. Patna P.s Jakkanpur, Distt Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Sri Arun kumar Singh, the Secretary, Water Resources Department, Government of BIhar,New Secretaria 3.

Sri Ravi Mital , the Secretary Finance Department , Government of Bihar, New Secretariat, Patna Bi 4.

Sri sanjay kumar, the Accountant General Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sri Krishna Ranjan For the Opposite Party/s :

Mr.Sajid Salim Khan For A.G.

:

Mrs. Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2019 Pursuant to the order of the writ court dated 7.2.2019, a supplementary show cause has been filed on behalf of the opposite party nos. 2 and 3.

Paragraphs 8 to 10 of the supplementary show cause indicates that opposite parties have taken steps to comply the direction issued by this court in its letter and spirit. Paragraphs 8 to 10 is quoted hereinbelow for ready reference:- "8. That it is humbly stated that in compliance of the order dated 27.03.2015 passed in CWJC No. 309 of 2011, the competent authority has exempted the father of the petitioner namely Late Dharnidhar Singh, Assistant Engineer (Civil) from passing the departmental and professional examination with effect from the date of his

Patna High Court MJC No.244 of 2016(6) dt.06-03-2019 2/2 application dated 07.05.1995 vide order contained in memo no. 445 dated 25.02.2019. A copy of the said order has been communicated to the all concerned for taking further steps for payment of consequential benefits of the deceased employee to the petitioner.

9. That it is stated further that the Accountant General, Bihar, Patna has been requested vide letter No. 446 dated 25.02.2019 to release the amount withheld or recovered from the father of the petitioner, if any, to comply with the aforesaid order of the Hon'ble Court.

10. That it is stated that the Finance (Personnel Claim Fixation Cell Department, Bihar, Patna has been requested vide letter no. 447 dated 25.02.2019 to amend the salary etc. of the deceased employee pursuant to the aforesaid departmental order and to issue fresh pay slip in his favour so that any difference of his salary could be calculated and paid to the petitioner." In view of the statement made in the show cause quoted hereinabove, the present proceeding is dropped. The court hope and trust that the opposite parties will grant consequential benefit in terms of their statement made in the show cause.

In the event, the consequential benefit is not paid to the petitioner within a period of sixty days from today, liberty shall be available to the petitioner to file affidavit for revival of the present proceeding.

With the aforesaid, the present application stands disposed off.

(Anil Kumar Upadhyay, J) Ravi/- U