Shri Kanti Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15207 of 2019 ====================================================== Shri Kanti Mishra Wife of Chandrabhan Mishra Resident of VillagePrasidhnath, P.O.- Gaura, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna. 2.

The Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

3.

The Director Primary Education, Department of Education, Government of Bihar, Patna.

4.

The District Magistrate, Gopalganj.

5.

The District Education Officer, Gopalganj.

6.

The District Programme Officer Establishment, Gopalganj. 7.

The District Provident Fund Officer, Gopalganj. 8.

The Treasury Officer, Gopalganj.

9.

The Block Education Officer, Panchdeori, Gopalganj. 10.

The Block Education Officer, Kateya, Gopalganj. 11.

The Head master-cum- Drawing Disbursing Officer, Government Middle School Gaura Kateya, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Subhash Chandra Mishra ( Sc16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-09-2019 The Respondent No.6 i.e. the District Programme Officer, Establishment, Gopalganj has filed a counter affidavit, wherein it has been stated that the amount of leave encashment, Group Insurance and the G.P.F. has already been paid to the petitioner herein. It has been further stated that the District Programme Officer, Establishment, Gopalganj vide letter no.

Patna High Court CWJC No.15207 of 2019(4) dt.16-09-2019 2/2 419 dated 12.09.2019 has sent the pension paper along with the original service book for sanction of Pension and gratuity so that the pension and gratuity can be paid to the petitioner herein. Having regard to the counter affidavit filed on behalf of the respondent no.6, I deem it fit and proper to dispose of the present writ petition with a direction to the Accountant General, Bihar, Patna to issue the PPO and GPO within a period of two weeks from today, whereafter the Treasury Officer, Gopalganj shall make payment of the entire pension and gratuity amount within a further period of four weeks. It is further directed that the aforesaid exercise should be completed within a period of six weeks from today.

At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to challenge the order dated 12.09.2019 passed by the District Programme Officer, Establishment, whereby and whereunder the claim of the petitioner for arrears of salary has been rejected. Liberty so sought is granted.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U