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Patna High CourtMJC/418/2017disposed

Chandra Pratap Pathak v. The State Of Bihar And ORS

2019-01-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.418 of 2017 In Civil Writ Jurisdiction Case No.8209 of 2016 ====================================================== Chandra Pratap Pathak, S/o Late Raghunath Pathak, R/o village + P.O. Nagawa, P.S. Dubahar, District - Balia ( Uttar Pradesh ) ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sri Dinesh Prasad Singh, Special Secretary, PHED, Bihar ( Patna )

3. Sri Dinesh Prasad Singh, Engineer - in - Chief Cum Special Secretary, PHED, Bihar, ( Patna )

4. Sri Amiranjan Kumar, Zonal Chief Engineer, PHED, Bhagalpur

5. Sri Ashok Kumar Singh, Superintending Engineer, PHED, Munger

6. Sri Bindu Bhushan, Executive Engineer, PHED, Jamui

7. Sri C. Suresh Kumar, Accountant General, Bihar ( Patna ) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Respondent/s :

Mr. S. Raza Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-01-2019 On 30.09.2016 while disposing of the writ application, the Court granted liberty to the petitioner to file comprehensive representation and the respondent no.2 was directed to consider the same and decide the claim of the petitioner by reasoned and speaking order.

Learned counsel appearing on behalf of the opposite parties submits that the grievance of the petitioner has been redressed and admitted dues of the petitioner has been paid. He has referred to para 5 to 9 of the show cause to contend that the direction of the writ court has been complied with. Para 5 to 9 of the show cause is quoted herein below: ".....5. That it is stated that the

Patna High Court MJC No.418 of 2017(2) dt.08-01-2019 2/2 Special Seal Authority Slip of petitioner for payment of pension and gratuity was issued vide SSA No. pen-03/pen120116030133/ 2016ss03112po dated 29.01.2016.

6. That it is humbly stated that the petitioner was paid his group insurance and leave encashment amount vide memo no. 737 dated 8.6.2016 and memo no. 946 dated 30.3.2017 respectively.

7. That it is stated that 3rd MACP of the petitioner was granted and the pay was fixed vide Office Order No. 118, dated 05.12.2016.

8. That it is stated that the GPF amount has been paid as is evident from the Dispatch dated 22.02.2016 of the Office of the GPF, Munger, Bihar.

9. That it is stated that on grant of MACP, the Executive Engineer, PH Division, Jamui sent Letter No. 146, dated 08.02.2017 to the AG (A&E) for revision of pension as well as gratuity and consequent on revision, the Special Seal Authority (Revision) was issued on 08.03.2017."

In view of the above, the Court is not inclined with proceed any further. However, if the petitioner is aggrieved by error in calculation or any of his grievance has not been redressed by the opposite parties, liberty shall be available to the petitioner to approach the appropriate authority in accordance with law.

With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U