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Patna High CourtMJC/1363/2011disposed

Parmanand Pd. Singh v. The State Of Bihar And ORS.

2015-02-27Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1363 of 2011 =========================================================== Parmanand Pd. Singh, son of Late Bindeshwari Prasad Singh, permanent resident of village and Post Office-Patner, P.S. and District-Lakhisarai, presently resident of Mohalla-East Karyanand Nagar, Ward No.08, P.S. and District-Lakhisarai. .... .... Petitioner.

Versus

1. The State of Bihar through the Collector, Sheikhpura.

2. Md. Taslimur Rehman, son of not known, the Regional Deputy Director of Education, Government of Bihar, Munger.

3. Kaushal Kishore Prasad, son of not known, the District Education Officer, Government of Bihar, Sheikhpura.

4. Kaushal Kishore Prasad, son of not known, Incharge-the Block Education Officer, Ariyari Block, District-Sheikhpura.

5. Smt. Rama Sinha, daughter of not known, the Headmistress in-charge, Project Girls High School, Kasar, Ariyari Block, District-Sheikhpura.

6. Neel Kamal, son of not known, the District Provident Officer, Munger.

7. I.D.S. Dhalibal, son of not known, the Accountant General Bihar, Veerchand Patel Marg, Patna.

8. Kamal Kumar Sinha, son of not known, the Director, Secondary Education, Government of Bihar, New Secretariat, Patna.

9. Shiv Mangal Sinha, son of not known, the Under Secretary, Secondary Education, Human Resources Development Department, Government of Bihar, New Secretariat, Patna.

.... .... Contemnors/Opposite Parties.

=========================================================== Appearance :

For the Petitioner : None.

For the State : Mr. GA-5.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 27-02-2015 ---------- No one appears on behalf of the petitioner to press this application when the case is called out. However, learned Government Advocate-V, appearing on behalf of the State, is present.

2. The present contempt application has been filed asserting the non compliance of the order dated 12.08.2010 passed in C.W.J.C. No.12958 of 2010, which was disposed of with the

Patna High Court MJC No.1363 of 2011 dt.27-02-2015 2/3 following observations/directions:

"In such view of the matter, in case such representation stating details of unpaid claims is filed by the petitioner within a period of four weeks from today along with the certified copy of the present order as also the copy of the relevant document, if any, in support of the claim, the grievances of the petitioner raised in the representation shall be considered in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the grievances of the petitioner may be settled without delay and upon consideration the admitted dues found payable may also be paid to the petitioner along with interest permissible under the rules. However, upon consideration if any of the claim or part of the claims is found not admissible the same shall be informed to the petitioner with reasons thereof."

3. Learned Government Advocate-V, appearing on behalf of the State, submits that in compliance of the order dated 12.08.2010 passed in C.W.J.C. No.12958 of 2010, which is under contempt, the full payment of G.P.F. amount has already been paid to the petitioner vide two authority slips dated 14.08.2010 and 24.06.2011 amounting to the tune of Rs.6,99,364/- and Rs.39,326/- respectively, which would appear from Annexure-„B‟ to the show cause filed by the opposite party no.6, and a request has been made to the Accountant

Patna High Court MJC No.1363 of 2011 dt.27-02-2015 3/3 General vide letter No.571 dated 24.05.2014 to issue an authority slip letter with regard to the gratuity and family pension of the petitioner. It is further submitted that a letter has also been sent to the petitioner vide letter no.572 dated 24.05.2014 asking the position of payment regarding retrial benefits or other dues but till today no reply or information has been given by the petitioner to the concerned office, which would appear from paragraphs-5, 6 and 7 of the show cause dated 04.09.2014, filed on behalf of the opposite party no.3

4. Since the order under contempt has been complied with by the concerned opposite party(s), no further action is required to be taken against the concerned opposite party(s). Accordingly, this contempt application stands disposed of.

(Rajendra Kumar Mishra, J) P.S./- U