Phani Bhushan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11816 of 2014 =========================================================== Phani Bhushan Prasad son of Late Babu Sadhu Saran Prasad C/o Sri Nutan Prasad resident of Sector - D, House No.166, People Co-operative Colony, Lohiyanagar, Kankarbagh, P.S. Kankarbagh, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna

3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Govt. of Bihar, Patna

4. The Executive Engineer, National Highway Division, Gulzarbagh, Patna

5. The Accountant General, Bihar, Patna

6. The State of Jharkhand through the Principal Secretary, Road Construction Department.

7. The Principal Secretary, Road Construction Department, State of Jharkhand.

8. The District Provident Fund Officer, Dumka Jharkhand. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Kumar, Advocate For the Accountant General : Mr. Uday Kumar, Advocate For the State of Bihar : Mr. Vivek Anand Amritesh, AC to SC-28 For the State of Jharkhand : Mr. Dhruba Mukherjee, A.A.G. : Mr. Ganesh Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 19-04-2017 The present writ application has been filed by the petitioner for payment of retiral dues.

2. The petitioner retired on 31.12.2001from the post of Junior Engineer, Road Construction Department, Government of Bihar, Patna. He has approached this Court for the redressal of his grievances after thirteen years of his retirement in 2014.

3. It is contended by the learned counsel for the State that

Patna High Court CWJC No.11816 of 2014 dt.19-04-2017 2/3 admissible amount of general provident fund, group insurance scheme, house rent allowance and leave encashment have already been paid to the petitioner after filing of the writ petition and with regard to other issues raised in the writ application proper steps are being taken by the respondents in order to redress his grievances. He submitted that as the case is quite old the petitioner has also been requested to extend his co-operation in making payment of his retiral dues. He submitted that due to inaction on the part of the petitioner certainly there has been delay in settling his claim. However, the respondents are making their best efforts so that his grievances may be redressed at the earliest. He submitted that in case the petitioner cooperates, his entire admissible claim would be settled within a period of four months from today.

4. Regard being had to the facts and circumstances of the case, the writ application is disposed of with a direction to the petitioner to file a representation in detail regarding all his left over grievances before the respondent no.3 Engineer- in- Chief - cum - Additional Commissioner - cum - Special Secretary, Road Construction Department, Government of Bihar, Patna within a period of one month from today. In case of filing of such a representation, the respondent no.3 shall be required to examine his claims and pass a speaking order within a period of three months. If any of his claims is

Patna High Court CWJC No.11816 of 2014 dt.19-04-2017 3/3 found to be admissible, the payment shall also be made to him within the aforementioned period of three months. In case of refusal of any his claims, the order passed by him should be communicated to him on his address by registered post.

5. With the aforesaid observations and directions, the writ application is disposed of.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 20.04.2017 Transmission Date